Abbas Yazdchi v. Trae Nickelson

• Court: Court of Appeals of Texas
• Decided: November 3, 2005
• Docket: 14-05-00207-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 3, 2005

Dismissed and Memorandum Opinion filed November 3, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00207-CV

HABIBOLLAH YAZDCHI, Appellant

V.

TRAE NICKELSON, Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County , Texas

Trial Court Cause No. 809,673

M E M O R A N D U M  O P I N I O N

This appeal is from the denial of a motion for new trial.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.

Appellant filed a pauper=s oath, which was contested.  The trial court conducted a hearing and sustained the contest.  Appellant has not challenged the trial court=s ruling on appeal.

On March 22, 2005, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex. R. App. P. 37.3(b).  On March 24, 2005, appellant responded by filing an affidavit for waiving filing fees.  

Appellant has failed to either challenge the trial court=s ruling on the contest or pay for the clerk=s record.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 3, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.