Jaushsteilyee Martinez, as Independent of the Estate of Abel Castro v. K & B Properties, L.P., Ken Armstrong and Brian Battle

Court of Appeals of Texas

Jaushsteilyee Martinez, as Independent of the Estate of Abel Castro v. K & B Properties, L.P., Ken Armstrong and Brian Battle

DecidedAugust 31, 2023

Docket14-23-00435-CV

StatusPublished

This text of Jaushsteilyee Martinez, as Independent of the Estate of Abel Castro v. K & B Properties, L.P., Ken Armstrong and Brian Battle (Jaushsteilyee Martinez, as Independent of the Estate of Abel Castro v. K & B Properties, L.P., Ken Armstrong and Brian Battle) 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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Jaushsteilyee Martinez, as Independent of the Estate of Abel Castro v. K & B Properties, L.P., Ken Armstrong and Brian Battle, (Tex. Ct. App. 2023).

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Opinion

Motion Granted; Dismissed and Memorandum Opinion filed August 31, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00435-CV

JAUSHSTEILYEE MARTINEZ, AS INDEPENDENT EXECUTOR OF THE ESTATE OF ABEL CASTRO, DECEASED, Appellant V.

K & B PROPERTIES, L.P., KEN ARMSTRONG AND BRIAN BATTLE, Appellee

On Appeal from the Probate Court No. 3 Harris County, Texas Trial Court Cause No. 511,018-402

MEMORANDUM OPINION

This appeal is from an order signed May 18, 2023. 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 July 6, 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 August 10, 2023, appellant was ordered to provide this court with proof of payment for the record on or before August 21, 2023. See Tex. R. App. P. 35.3(c). In the order, we 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.

Appellees have filed a motion to dismiss the appeal for want of prosecution and a supplemental motion urging this court to dismiss. Because appellant has not provided this court with proof of payment for the record, we grant appellees’ motion and dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Hassan.

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Motion Granted; Dismissed and Memorandum Opinion filed August 31, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00435-CV

JAUSHSTEILYEE MARTINEZ, AS INDEPENDENT EXECUTOR OF THE ESTATE OF ABEL CASTRO, DECEASED, Appellant V.

K & B PROPERTIES, L.P., KEN ARMSTRONG AND BRIAN BATTLE, Appellee

On Appeal from the Probate Court No. 3 Harris County, Texas Trial Court Cause No. 511,018-402

MEMORANDUM OPINION

This appeal is from an order signed May 18, 2023. 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 July 6, 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 August 10, 2023, appellant was ordered to provide this court with proof of payment for the record on or before August 21, 2023. See Tex. R. App. P. 35.3(c). In the order, we 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.

Appellees have filed a motion to dismiss the appeal for want of prosecution and a supplemental motion urging this court to dismiss. Because appellant has not provided this court with proof of payment for the record, we grant appellees’ motion and dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Hassan.

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Jaushsteilyee Martinez, as Independent of the Estate of Abel Castro v. K & B Properties, L.P., Ken Armstrong and Brian Battle, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaushsteilyee-martinez-as-independent-of-the-estate-of-abel-castro-v-k-texapp-2023.