Derrick Reed v. Nyanza Moore and Friends of Nyanza Davis Moore

Court of Appeals of Texas

Derrick Reed v. Nyanza Moore and Friends of Nyanza Davis Moore

DecidedMarch 14, 2023

Docket14-22-00931-CV

StatusPublished

This text of Derrick Reed v. Nyanza Moore and Friends of Nyanza Davis Moore (Derrick Reed v. Nyanza Moore and Friends of Nyanza Davis Moore) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Derrick Reed v. Nyanza Moore and Friends of Nyanza Davis Moore, (Tex. Ct. App. 2023).

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Opinion

Appeal Dismissed and Memorandum Opinion filed March 14, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00931-CV

DERRICK REED, Appellant

V. NYANZA MOORE AND FRIENDS OF NYANZA DAVIS MOORE, Appellees

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 106805-CV

MEMORANDUM OPINION

This is an appeal from a judgment signed September 26, 2022. The notice of appeal was filed December 21, 2022. To date, our records show that appellant has not paid the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs). Tex. Gov’t Code Ann. § 51.207 (appellate fees and costs). On February 16, 2023, this court ordered appellant to pay the appellate filing fee on or before February 16, 2023, or the appeal would be dismissed. Appellant has not paid the appellate filing fee or otherwise responded to the court’s order.

Additionally, 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.

On January 24, 2023, notification was transmitted to all parties of the court’s intention 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). No response was filed. On February 16, 2023, appellant was ordered to provide this court with proof of payment for the record on or before February 27, 2023. See Tex. R. App. P. 35.3(c). In the order, the court notified appellant that failure to comply with the court’s order would result in dismissal of the appeal. See Tex. R. App. P. 37.3(b). No response was filed.

Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

PER CURIAM

Panel consists of Justices Bourliot, Hassan, and Poissant.

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Appeal Dismissed and Memorandum Opinion filed March 14, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00931-CV

DERRICK REED, Appellant

V. NYANZA MOORE AND FRIENDS OF NYANZA DAVIS MOORE, Appellees

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 106805-CV

MEMORANDUM OPINION

This is an appeal from a judgment signed September 26, 2022. The notice of appeal was filed December 21, 2022. To date, our records show that appellant has not paid the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs). Tex. Gov’t Code Ann. § 51.207 (appellate fees and costs). On February 16, 2023, this court ordered appellant to pay the appellate filing fee on or before February 16, 2023, or the appeal would be dismissed. Appellant has not paid the appellate filing fee or otherwise responded to the court’s order.

Additionally, 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.

On January 24, 2023, notification was transmitted to all parties of the court’s intention 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). No response was filed. On February 16, 2023, appellant was ordered to provide this court with proof of payment for the record on or before February 27, 2023. See Tex. R. App. P. 35.3(c). In the order, the court notified appellant that failure to comply with the court’s order would result in dismissal of the appeal. See Tex. R. App. P. 37.3(b). No response was filed.

Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

PER CURIAM

Panel consists of Justices Bourliot, Hassan, and Poissant.

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Derrick Reed v. Nyanza Moore and Friends of Nyanza Davis Moore, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derrick-reed-v-nyanza-moore-and-friends-of-nyanza-davis-moore-texapp-2023.