Loan Nguyen v. Target Corporation

• Court: Court of Appeals of Texas
• Decided: December 17, 2015
• Docket: 01-15-00789-CV
• Status: Published

Opinion

ACCEPTED 01-15-00789-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/17/2015 11:01:00 AM CHRISTOPHER PRINE CLERK

Cause No. 01-15-00789-CV FILED IN __________________________________________________________________ 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 12/17/2015 11:01:00 AM FIRST COURT OF APPEALS DISTRICT OF TEXAS CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk __________________________________________________________________

LOAN NGUYEN Appellant, V.

TARGET CORPORATION

Appellee.

On Appeal from The 269th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-76879

__________________________________________________________________

APPELLEE TARGET CORPORATION’S MOTION TO DISMISS FOR WANT OF PROSECUTION __________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Defendant TARGET CORPORATION files this Motion to Dismiss the

Appellant’s Notice of Appeal for Want of Prosecution based on Appellant Loan

Nguyen’s failure to diligently prosecute her claims.

1. On September 14th, 2015, this Honorable Court received a Notice of

Assignment from the 269th Judicial District Court of Harris County, Texas.

1 2. On September 15th, 2015, this Honorable Court issued a Notice requiring

that Appellant file her filing fee on or before October 5, 2015. Further, this Court

required that the District Court Reporter file the record on or before October 9, 2015.

3. On October 6, 2015, this Honorable Court issued a reminder to the

Appellant, noting that the filing fee had not been paid and that if the fee was not paid on

or before November 5, 2015, the appeal may be dismissed.

4. Contrary to the Texas Rules of Appellate Procedure and this Court’s prior

Notices, neither the filing fee nor the underlying record have been filed with this

Honorable Court. In this regard, the Appellant has not paid the filing fee and has not paid

for the underlying record. Thus, Appellee Target Corporation respectfully requests that

this Honorable Court dismiss Appellant Loan Nguyen’s Appeal for want of prosecution.

PRAYER

For the foregoing reasons, Appellee TARGET CORPORATION respectfully

moves the Court to dismiss Appellant Loan Nguyen’s Notice of

Appeal and Appellant Defendant TARGET CORPORATION seeks all costs of court.

Respectfully submitted,

GERMER, PLLC

By: /s/ Troy A. Williams TROY A. WILLIAMS State Bar No. 00788678 ROBIN BLANCHETTE State Bar. No. 24045509 Three Allen Center 333 Clay Street, Suite 4950 Houston, Texas 77002 Telephone: (713) 650-1313 Facsimile: (713) 739-7420 2 E-Mail: twilliams@germer.com

ATTORNEYS FOR DEFENDANT, TARGET CORPORATION

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing instrument has been duly sent by facsimile transmission, on December 17, 2015 to the following counsel:

(713) 831-6899 Todd E. Webb The Webb Law Firm 3730 Kirby Dr., Suite 1200 Houston, TX 77098

/s/ Troy A. Williams TROY A. WILLIAMS