Louie Valdez v. Virgo Finance Company, LLC

• Court: Court of Appeals of Texas
• Decided: October 10, 2024
• Docket: 09-24-00205-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00205-CV __________________

LOUIE VALDEZ, Appellant

V.

VIRGO FINANCE COMPANY, LLC, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 24-33764 __________________________________________________________________

MEMORANDUM OPINION

On May 28, 2024, Louie Valdez filed a notice of appeal from a final judgment

for possession of real property signed on May 15, 2024. On July 15, 2024, the trial

court clerk notified the Court of Appeals that Appellant had failed to make

arrangements for the preparation of the clerk’s record. On that same date, we notified

the parties that the clerk’s record had not been filed and warned that failure to file

the clerk’s record due to Appellant’s fault is grounds for dismissal of the appeal for

want of prosecution. We further notified the parties that the appeal would be

1 dismissed for want of prosecution unless by August 14, 2024, we received a motion

stating the facts relied upon to reasonably explain the need for additional time to file

the record. As of this date, we have not received a response to this Court’s notice.

Appellant failed to comply with a notice from the Clerk of the Court requiring

a response within a specified time. See Tex. R. App. P. 42.3(c). Accordingly, we

dismiss the appeal for want of prosecution. See id. 42.3(b), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on October 9, 2024 Opinion Delivered October 10, 2024

Before Johnson, Wright and Chambers, JJ.