David Edward Daigle v. Aldi (Texas) L.L.C. 75/82 Sherman Crossing, Ltd. And Titus Transport Holdings, LLC

DISMISS and Opinion Filed June 30, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00270-CV DAVID EDWARD DAIGLE, Appellant V. ALDI (TEXAS) L.L.C., 75/82 SHERMAN CROSSING, LTD., AND TITUS TRANSPORT HOLDINGS, LLC, Appellees On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-18940 MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia The clerk’s record is past due. By order dated June 3, 2021, we ordered the Dallas County District Clerk to file, within fifteen days, either the clerk’s record or written verification that appellant has not paid or made arrangements to pay for the record. We cautioned appellant that if we received verification that he has not paid or made arrangements to pay for the record, we would dismiss the appeal without further notice. See TEX. R. APP. P. 37.3(b). By letter dated June 10, 2021, the Dallas County District Clerk verified that appellant has not paid for the record. Accordingly, we dismiss the appeal for want of prosecution. See id. /Dennise Garcia/ DENNISE GARCIA JUSTICE 210270F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAVID EDWARD DAIGLE, On Appeal from the 44th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-19-18940. No. 05-21-00270-CV V. Opinion delivered by Justice Garcia. Justices Myers and Partida-Kipness ALDI (TEXAS) L.L.C., 75/82 participating. SHERMAN CROSSING, LTD., AND TITUS TRANSPORT HOLDINGS, LLC, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees ALDI (TEXAS) L.L.C., 75/82 SHERMAN CROSSING, LTD., AND TITUS TRANSPORT HOLDINGS, LLC recover their costs of this appeal from appellant DAVID EDWARD DAIGLE. Judgment entered June 30, 2021 –3–