Mostaghasi Enterprises, Inc. and Raul Salas D/B/A R & T Framing v. Chris Garza

• Court: Court of Appeals of Texas
• Decided: June 6, 2024
• Docket: 13-24-00212-CV
• Status: Published

Opinion

NUMBER 13-24-00212-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

MOSTAGHASI ENTERPRISES, INC. AND RAUL SALAS D/B/A R & T FRAMING, Appellants,

v.

CHRIS GARZA, Appellee.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 3 OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Benavides, Tijerina, and Silva Memorandum Opinion by Justice Silva

This matter is before the Court on Mostaghasi Enterprises, Inc.’s unopposed

motion to dismiss appeal. This appellant has settled the disputes between them and

appellee and now request dismissal of this appeal. The Court, having considered the unopposed motion, is of the opinion that the

unopposed motion should be granted. See TEX. R. APP. P. 42.1(a)(2). The motion to

dismiss is granted and the appeal brought by Mostaghasi Enterprises, Inc. is hereby

dismissed.

This matter is also before the Court on Raul Salas’ failure to pay the $205.00 filing

fee. On May 9, 2024, the Clerk of the Court notified this appellant that he was delinquent

in remitting the filing fee. This appellant was also advised that the appeal would be

dismissed if the filing fee was not paid within ten days. See id. R. 42.3(b), (c). This

appellant has failed to pay the $205.00 filing fee.

Appellant, Raul Salas, has failed to comply with a notice from the Clerk of the Court

requiring a response or other action within the time specified; accordingly, his appeal is

dismissed for want of prosecution. See id. R. 42.3(b), (c).

Finally, in accordance with the agreement referenced in the unopposed motion,

costs are taxed against the party incurring same. See id. R. 42.1(d) (“Absent agreement

of the parties, the court will tax costs against the appellant.”).

CLARISSA SILVA Justice

Delivered and filed on the 6th day of June, 2024.