Michael Fuller v. NIS Construction, Inc. ( 2018 )

DISMISS and Opinion Filed August 8, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00632-CV MICHAEL FULLER, Appellant V. NIS CONSTRUCTION, INC., Appellee On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-11328 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Before the Court is appellee’s July 20, 2018 motion to dismiss this appeal for want of prosecution. The clerk’s record is overdue. By letter dated July 9, 2018, the Court instructed appellant to file, by July 19, 2018, either written verification that he had paid or made arrangements to pay the fee for the clerk’s record or written documentation that he has been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to comply within the time specified would result in dismissal of the appeal for want of prosecution. As of today’s date, appellant has not responded to either this Court’s July 9 letter or appellee’s motion to dismiss. Accordingly, we grant appellee’s motion and dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 180632F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MICHAEL FULLER, Appellant On Appeal from the 134th Judicial District Court, Dallas County, Texas No. 05-18-00632-CV V. Trial Court Cause No. DC-15-11328. Opinion delivered by Chief Justice Wright. NIS CONSTRUCTION, INC., Appellee Justices Evans and Brown participating. In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee NIS CONSTRUCTION, INC. recover its costs of this appeal from appellant MICHAEL FULLER. Judgment entered August 8, 2018. –3–