Dismissed and Opinion Filed June 3, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01036-CV
CHELSEA DAVIS, Appellant
V.
LESLIE WARE, SAMUEL BAXTER, ET AL., Appellees
On Appeal from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-13-19281
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant filed a “Notice of Abatement and Vacatur” in which she requests that this case be
“dissolved as if never filed” and that this Court “immediately refund to Chelsea L. Davis all filing
fees and costs for failure to file.” We treat appellant’s pleading as a motion to dismiss the appeal,
grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant cites no statute
or rule that excuses her from paying filing fees. We deny relator’s request that her filing fees be
refunded. See TEX. R. APP. P. 5. (“A party who is not excused by statute or these rules from paying
costs must pay--at the time an item is presented for filing--whatever fees are required by statute or
Supreme Court order.”)
/Carolyn Wright/
141036F.P05 CAROLYN WRIGHT
CHIEF JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHELSEA DAVIS, Appellant On Appeal from the 254th Judicial District
Court, Dallas County, Texas
No. 05-14-01036-CV V. Trial Court Cause No. DF-13-19281.
Opinion delivered by Chief Justice Wright.
LESLIE WARE, SAMUEL BAXTER, ET Justices Lang-Miers and Stoddart
AL., Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees LESLIE WARE, SAMUEL BAXTER, HARLAN CROW,
AND MCKOOL SMITH P.C. recover their costs of this appeal from appellant CHELSEA DAVIS.
Judgment entered this 3rd day of June, 2015.
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