Juan Kurdi, M.D. and Juan Kurdi, M.D., P.A. v. Caprock Cardiovascular Center, L.L.P.
This text of Juan Kurdi, M.D. and Juan Kurdi, M.D., P.A. v. Caprock Cardiovascular Center, L.L.P. (Juan Kurdi, M.D. and Juan Kurdi, M.D., P.A. v. Caprock Cardiovascular Center, L.L.P.) 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 Seventh District of Texas at Amarillo
No. 07-25-00162-CV
JUAN KURDI, M.D. AND JUAN KURDI, M.D., P.A., APPELLANTS
V.
CAPROCK CARDIOVASCULAR CENTER, L.L.P., APPELLEE
On Appeal from the 72nd District Court Lubbock County, Texas Trial Court No. DC-2024-CV-0109, Honorable John C. Grace, Presiding
June 13, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellants, Juan Kurdi, M.D., and Juan Kurdi, M.D., P.A., appeal from the trial
court’s Final Judgment. We dismiss the appeal because Appellants have not paid the
filing fee and for want of jurisdiction.
Appellants failed to pay the required filing fee upon filing their notice of appeal. By
letter of May 13, 2025, we notified Appellants that unless they were excused from paying
court costs under Rule of Appellate Procedure 20.1, failure to pay the filing fee by May 23 would result in dismissal of the appeal. To date, Appellants have not paid the filing
fee or sought leave to proceed without payment of court costs. We, therefore, dismiss
the appeal due to Appellants’ failure to comply with a requirement of the appellate rules
and a notice from the Clerk requiring action within a specified time. See TEX. R. APP. P.
42.3(c).
Furthermore, Appellants’ notice of restricted appeal was filed untimely. The trial
court signed the Final Judgment on October 11, 2024. Under Rule of Appellate Procedure
26.1(c), a notice of restricted appeal must be filed within six months after the judgment is
signed. Thus, the deadline to file a notice of restricted appeal was April 11, 2025.
Appellants filed their notice of appeal on May 12, 2025. By letter of May 14, 2025, we
notified Appellants that their notice of appeal appeared untimely and directed them to file
a response by May 27, demonstrating grounds for continuing the appeal. To date, no
response has been received. Accordingly, we also dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
For these reasons, the appeal is dismissed.
Per Curiam
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