Pamela Holbrook Booker v. Permian Agency Inc., John R. McKenzie, and Xiaorang Zheng

Court of Appeals of Texas

Pamela Holbrook Booker v. Permian Agency Inc., John R. McKenzie, and Xiaorang Zheng

DecidedOctober 12, 2023

Docket11-23-00099-CV

StatusPublished

This text of Pamela Holbrook Booker v. Permian Agency Inc., John R. McKenzie, and Xiaorang Zheng (Pamela Holbrook Booker v. Permian Agency Inc., John R. McKenzie, and Xiaorang Zheng) 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.

Bluebook

Pamela Holbrook Booker v. Permian Agency Inc., John R. McKenzie, and Xiaorang Zheng, (Tex. Ct. App. 2023).

Pincite

Opinion

Opinion filed October 12, 2023

In The

Eleventh Court of Appeals ___________

No. 11-23-00099-CV ___________

PAMELA HOLBROOK BOOKER, Appellant V. PERMIAN AGENCY, INC.; JOHN R. MCKENZIE; AND XIAORONG ZHENG, Appellees

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-21-10-1200-CV

MEMORANDUM OPINION Appellant, Pamela Holbrook Booker, filed a notice of appeal on April 26, 2023. According to the district clerk, Appellant has not submitted a request for preparation of the clerk’s record, filed a designation of record, paid for the clerk’s record, or made arrangements to pay for it. See TEX. R. APP. P. 35.3(a)(2). We have granted three prior requests for extension of time to file the clerk’s record based on Appellant’s lack of diligence in designating or paying for, or making arrangements to pay for, the clerk’s record. Further, we granted in part Appellant’s “Motion to Extend Time to Pay for Clerk’s Record” on June 29, 2023. We note that Appellant is not indigent, as she conceded in her motion, nor is she entitled to proceed without payment of costs. See TEX. R. APP. P. 37.3(b). When we granted her motion in part, we notified Appellant, by letter dated June 29, 2023, that Appellant must resolve this matter by July 7, 2023, and that this appeal would be subject to dismissal if Appellant failed to resolve this matter on or before that date. See id. Appellant has not resolved the matter. On August 24, 2023, we granted Appellant’s attorney’s motion to withdraw, which stated that he had been “discharged from representing” Appellant in the appeal. We extended the deadline for the filing of the clerk’s record to August 30, 2023. On September 1, 2023, we notified Appellant by letter that the clerk’s record had not been received and that the failure to make arrangements for the payment and preparation of the clerk’s record by September 22, 2023, may result in the dismissal of this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b). Nevertheless, Appellant has still failed to resolve the matter. Appellees have filed a motion to dismiss the appeal based on Appellant’s repeated and ongoing failure to comply with the notices from the clerk that require a response or action within a specified time. See TEX. R. APP. P. 42.3(c). We grant Appellees’ motion and dismiss this appeal for want of prosecution. TEX. R. APP. P. 37.3(b), 42.3(b).

W. STACY TROTTER JUSTICE October 12, 2023 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion filed October 12, 2023

In The

Eleventh Court of Appeals ___________

No. 11-23-00099-CV ___________

PAMELA HOLBROOK BOOKER, Appellant V. PERMIAN AGENCY, INC.; JOHN R. MCKENZIE; AND XIAORONG ZHENG, Appellees

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-21-10-1200-CV

MEMORANDUM OPINION Appellant, Pamela Holbrook Booker, filed a notice of appeal on April 26, 2023. According to the district clerk, Appellant has not submitted a request for preparation of the clerk’s record, filed a designation of record, paid for the clerk’s record, or made arrangements to pay for it. See TEX. R. APP. P. 35.3(a)(2). We have granted three prior requests for extension of time to file the clerk’s record based on Appellant’s lack of diligence in designating or paying for, or making arrangements to pay for, the clerk’s record. Further, we granted in part Appellant’s “Motion to Extend Time to Pay for Clerk’s Record” on June 29, 2023. We note that Appellant is not indigent, as she conceded in her motion, nor is she entitled to proceed without payment of costs. See TEX. R. APP. P. 37.3(b). When we granted her motion in part, we notified Appellant, by letter dated June 29, 2023, that Appellant must resolve this matter by July 7, 2023, and that this appeal would be subject to dismissal if Appellant failed to resolve this matter on or before that date. See id. Appellant has not resolved the matter. On August 24, 2023, we granted Appellant’s attorney’s motion to withdraw, which stated that he had been “discharged from representing” Appellant in the appeal. We extended the deadline for the filing of the clerk’s record to August 30, 2023. On September 1, 2023, we notified Appellant by letter that the clerk’s record had not been received and that the failure to make arrangements for the payment and preparation of the clerk’s record by September 22, 2023, may result in the dismissal of this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b). Nevertheless, Appellant has still failed to resolve the matter. Appellees have filed a motion to dismiss the appeal based on Appellant’s repeated and ongoing failure to comply with the notices from the clerk that require a response or action within a specified time. See TEX. R. APP. P. 42.3(c). We grant Appellees’ motion and dismiss this appeal for want of prosecution. TEX. R. APP. P. 37.3(b), 42.3(b).

W. STACY TROTTER JUSTICE October 12, 2023 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

Cite This Page — Counsel Stack

Bluebook (online)

Pamela Holbrook Booker v. Permian Agency Inc., John R. McKenzie, and Xiaorang Zheng, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pamela-holbrook-booker-v-permian-agency-inc-john-r-mckenzie-and-texapp-2023.