Dismissed and Opinion Filed October 24, 2016
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00856-CV
WAYNE’S INDUSTRIAL SERVICE, INC., Appellant
V.
KEVIN W. KIMBALL, Appellee
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-01568
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
The clerk’s record in this case is past due. By letter dated August 19, 2016, we notified
appellant that we received notice from the district clerk that the clerk’s record has not been filed
because appellant has not paid or made arrangements to pay the clerk’s fee. We cautioned
appellant that we would dismiss this appeal if we did not receive the written verification or
documentation requested in our letter within ten days. TEX. R. APP. P. 42.3(b)(c). To date, we
have not received the requested verification or documentation, and the clerk’s record has not
been filed.
Further, appellant is not represented by counsel. Because a corporation may only appear
through an attorney, we directed appellant, by order of September 9, 2016, to notify this court
within thirty days of the date of the order the name, state bar number, mailing and email
addresses, and telephone number of counsel. See Kunstoplast of Am., Inc. v. Formosa Plastics
Corp., 937 S.W.2d 455, 456 (Tex. 1996) (per curiam). We cautioned appellant that failure to
timely obtain new counsel would result in dismissal of the appeal without further notice. To
date, appellant has not designated new counsel or otherwise communicated with the Court
regarding the appeal.
Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3, 37.3(b).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
160856F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
WAYNE'S INDUSTRIAL SERVICE, INC., On Appeal from the 192nd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. DC-16-01568.
No. 05-16-00856-CV V. Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Stoddart
KEVIN W. KIMBALL, Appellee participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
It is ORDERED that appellee KEVIN W. KIMBALL recover his costs of this appeal
from appellant WAYNE’S INDUSTRIAL SERVICE, INC.
Judgment entered October 24, 2016.
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