Monique Mandell v. Fatima Breland and American National Bank & Trust

Court of Appeals of Texas

Monique Mandell v. Fatima Breland and American National Bank & Trust

DecidedFebruary 14, 2023

Docket14-22-00726-CV

StatusPublished

This text of Monique Mandell v. Fatima Breland and American National Bank & Trust (Monique Mandell v. Fatima Breland and American National Bank & Trust) 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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Monique Mandell v. Fatima Breland and American National Bank & Trust, (Tex. Ct. App. 2023).

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Opinion

Motion for Rehearing and En Banc Reconsideration of Denial of Motion to Stay Dismissed as Moot; Appeal Dismissed and Memorandum Opinion filed February 14, 2023

In The

Fourteenth Court of Appeals

NO. 14-22-00726-CV

MONIQUE MANDELL, Appellant V.

FATIMA BRELAND AND AMERICAN NATIONAL BANK & TRUST, Appellees

On Appeal from Probate Court No. 3 Harris County, Texas Trial Court Cause No. 504405

MEMORANDUM OPINION

This appeal is from an order signed October 10, 2022. 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 October 25, 2022, 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 to the notice was filed. On November 17, 2022, appellant was ordered to provide this court with proof of payment for the record on or before November 28, 2020. See Tex. R. App. P. 35.3(c). In the order, the court 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). A response, but no proof of payment or payment arrangements was filed December 5, 2022.

On December 22, 2022, notification was again 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). On January 3 and 17, 2023, the county clerk notified this court, and copied appellant’s counsel, of the outstanding balance for the clerk’s record. As of this date, appellant has not provided this court with proof of payment for the record. We dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Motion for Rehearing and En Banc Reconsideration of Denial of Motion to Stay Dismissed as Moot; Appeal Dismissed and Memorandum Opinion filed February 14, 2023

In The

Fourteenth Court of Appeals

NO. 14-22-00726-CV

MONIQUE MANDELL, Appellant V.

FATIMA BRELAND AND AMERICAN NATIONAL BANK & TRUST, Appellees

On Appeal from Probate Court No. 3 Harris County, Texas Trial Court Cause No. 504405

MEMORANDUM OPINION

This appeal is from an order signed October 10, 2022. 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 October 25, 2022, 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 to the notice was filed. On November 17, 2022, appellant was ordered to provide this court with proof of payment for the record on or before November 28, 2020. See Tex. R. App. P. 35.3(c). In the order, the court 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). A response, but no proof of payment or payment arrangements was filed December 5, 2022.

On December 22, 2022, notification was again 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). On January 3 and 17, 2023, the county clerk notified this court, and copied appellant’s counsel, of the outstanding balance for the clerk’s record. As of this date, appellant has not provided this court with proof of payment for the record. We dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Monique Mandell v. Fatima Breland and American National Bank & Trust, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monique-mandell-v-fatima-breland-and-american-national-bank-trust-texapp-2023.