Dismissed and Opinion Filed August 8, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00718-CV
JAMES E. MITCHELL, Appellant
V.
US BANK, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-17-02672-B
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright
James E. Mitchell appealed the trial court’s June 15, 2017 judgment. By postcard dated
June 26, 2017, we notified Mitchell that the Court’s $205 filing fee had not been paid. We
instructed him to pay the fee within ten days and cautioned that the failure to do so might result
in dismissal of his appeal. To date, the filing fee has not been paid.
On July 24, 2017, the Dallas County Clerk informed us that the clerk’s record had not
been filed because Mitchell had not paid or made arrangements to pay for the fee. That same
day, we sent Mitchell a letter, instructing him to file, within ten days, written verification that he
had paid or made arrangements to pay the fee for the clerk’s record or written documentation that
he had been found entitled to proceed without payment of costs. We cautioned Mitchell that the
failure to comply might result in the dismissal of the appeal for want of prosecution. See TEX. R.
APP. P. 37.3(b). As of today, the clerk’s record has not been filed and Mitchell has not filed a
response or otherwise communicated with the Court.
In light of Mitchell’s failure to comply with this Court’s directives, we dismiss this
appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
170718F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES E. MITCHELL, Appellant On Appeal from the County Court at Law
No. 2, Dallas County, Texas
No. 05-17-00718-CV V. Trial Court Cause No. CC-17-02672-B.
Opinion delivered by Chief Justice Wright,
US BANK, Appellee Justices Francis and Stoddart participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee US BANK recover its costs, if any, of this appeal from
appellant JAMES E. MITCHELL.
Judgment entered August 8, 2017.
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