WBL SPO I, LLC and WBL SPO II, LLC v. United Hotels,LLC and Ghada Glaessner

• Court: Court of Appeals of Texas
• Decided: October 12, 2023
• Docket: 08-23-00217-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

WBO SPO I, LLC, WBO SPO II, LLC, and § No. 08-23-00217-CV ALBERT ADEL SHEHATA, § Appeal from the Appellants, § 109th Judicial District Court v. § of Andrews County, Texas UNITED HOTELS, LLC and GHADA GLAESSNER, § (TC# 21,913)

Appellees.

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution. See TEX. R. APP. P. 42.3.

On September 15, 2023, the Clerk of this Court sent Albert Adel Shehata a letter requesting

payment of the required $205.00 filing fee. See TEX. R. APP. P. 5 (requiring payment of fees in

civil cases unless a party is excused by statute or by appellate rules from paying costs). The letter

notified Shehata that, pursuant to Texas Rule of Appellate Procedure 42.3, failure to pay the filing

fee within 20 days could result in dismissal of the appeal for want of prosecution or failure to

comply with the Clerk’s notice requiring a response or action within a specified time. See TEX. R.

APP. P.42.3(b), (c). As of this date, which is more than 20 days after the date of the notice, Shehata has not

paid the filing fee or otherwise shown he is excused from paying the required fee. Accordingly,

we dismiss appellant Shehata from this appeal. See TEX. R. APP. P. 5, 43.3(c). Appellants WBO

SPO I, LLC and WBO SPO II, LLC remain parties to this appeal.

YVONNE T. RODRIGUEZ, Chief Justice

October 12, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.