Curtis Mays v. Piper Hunn, Trisha Moore And Red Dog Properties, LLC ( 2019 )

Order entered September 24, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00923-CV CURTIS MAYS, Appellant V. PIPER HUNN, TRISHA MOORE AND RED DOG PROPERTIES, LLC, Appellees On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-17-04535-C ORDER Both the clerk’s record and the reporter’s record in this case are overdue. By postcard dated August 20, 2019, we notified the Dallas County Clerk that the clerk’s record was overdue and directed him to file the clerk’s record within thirty days. Also by postcard dated August 20, 2019, we notified Janet Wright, Official Court Reporter for County Court at Law. No. 3, that the reporter’s record was overdue and directed her to file the reporter’s record within thirty days. To date, neither the Dallas County Clerk’s office nor Ms. Wright have responded to our notices regarding the record in this appeal. Accordingly, this Court ORDERS the Dallas County Clerk, to file, within TEN DAYS of the date of this order, either (1) the clerk’s record, or (2) written verification that appellant is not entitled to proceed without payment of costs and has not paid for or made arrangements to pay for the clerk’s record. We notify appellant that if we receive verification he is not indigent and has not paid for or made arrangements to pay for the record, we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b). We also ORDER Ms. Wright, Official Court Reporter for County Court at Law No. 3, to file, within TEN DAYS of the date of this order, either (1) the reporter’s record; or (2) written verification that appellant has not paid for or made arrangements to pay for the reporter’s record and that appellant has not been found entitled to proceed without payment of costs. We notify appellant that if we receive verification he has not paid for or made arrangements to pay for the reporter’s record and has not been found entitled to proceed without payment of costs, we will order the appeal submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c). We DIRECT the Clerk to send copies of this order, by electronic transmission, to the following persons: Sally Montgomery Presiding Judge County Court at Law No. 3 John Warren Dallas County Clerk Janet Wright Official Court Reporter County Court at Law No. 3 /s/ BILL WHITEHILL JUSTICE