Juan Enrique Hurtado v. Patti Jones
This text of Juan Enrique Hurtado v. Patti Jones (Juan Enrique Hurtado v. Patti Jones) 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.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-23-00096-CV __________________
JUAN ENRIQUE HURTADO, Appellant
V.
PATTI JONES, Appellee
__________________________________________________________________
On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 17-07-09255-CV __________________________________________________________________
MEMORANDUM OPINION
Juan Enrique Hurtado (Hurtado) filed a notice of appeal from an order
directing the clerk to release funds from the registry of the trial court.
On April 25, 2023, the District Clerk notified the Court that Hurtado had failed
to pay or to arrange to pay for the clerk’s record in his appeal. On that same day, we
notified the parties that the clerk’s record had not been filed and we warned Hurtado
that we would dismiss the appeal unless he arranged to pay the fee required to file
1 the clerk’s record or he explained that he needed additional time to do so by May
25, 2023. See Tex. R. App. P. 37.3(b).
On May 16, 2023, through a notice issued by the Clerk of the Court, we
warned the parties that Hurtado had not remitted the filing fee and that unless he
paid the fee, the Court would dismiss the appeal without further notice on any date
after May 31, 2023. Hurtado neither paid the filing fee nor asserted that he was
unable to afford payment of costs. See Tex. R. App. P. 5, 20.1. None of the parties
responded to the Court’s notices.
In the absence of a satisfactory explanation justifying the appellant’s failure
to pay the filing fee for the appeal or to arrange to pay for a clerk’s record to support
his appeal, we dismiss the appeal for want of prosecution. See Tex. R. App. P.
37.3(b), 42.3, 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on June 28, 2023 Opinion Delivered June 29, 2023
Before Horton, Johnson and Wright, JJ.
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