Roger E. Middaugh v. LVNV Funding, LLC

• Court: Court of Appeals of Texas
• Decided: December 21, 2023
• Docket: 13-23-00462-CV
• Status: Published

Opinion

NUMBER 13-23-00462-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

ROGER E. MIDDAUGH, Appellant,

v.

LVNV FUNDING, LLC, Appellee. ____________________________________________________________

On appeal from the 148th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Longoria, Silva, and Peña Memorandum Opinion by Justice Longoria

This cause is before the Court on its own motion. The clerk’s record was due to be

filed on or before November 14, 2023. On November 15, 2023, the Clerk of the Court

notified appellant that the deputy district clerk, Angela Garcia, has notified the Court that

appellant had failed to make arrangements for payment of the clerk’s record. Appellant

was notified that unless he made arraignments to pay for the clerk’s record and proof of payment was provided to the Court within ten days, the appeal was subject to dismissal

for want of prosecution. See TEX. R. APP. P. 37.3(b).

Furthermore, on October 30, 2023, the Clerk of the Court instructed the appellant

to remit a $205.00 filing fee within ten days from the date of the notice. On November 15,

2023, the Clerk of this Court notified appellant that he was delinquent in remitting a

$205.00 filing fee. The Clerk of this Court notified appellant the appeal was subject to

dismissal if the filing fee was not paid within ten days from the date of the letter. Id. R.

42.3(c).

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

response or other action within the time specified; accordingly, the appeal is dismissed

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

NORA L. LONGORIA Justice

Delivered and filed on the 21st day of December, 2023.