Wendell Reese v. Breckridge Property Fund

• Court: Court of Appeals of Texas
• Decided: September 23, 2022
• Docket: 05-22-00567-CV
• Status: Published

Opinion

DISMISS and Opinion Filed September 23, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00567-CV

WENDELL REESE, Appellant V. BRECKENRIDGE PROPERTY FUND 2016, LLC, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-01588-B

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Appellee has filed a motion to dismiss this appeal based on appellant’s failure

to prosecute the appeal and comply with Court directives. As our case management

system reflects, appellant filed the notice of appeal on June 9, 2022 and filed the

required docketing statement on June 22, 2022, see TEX. R. APP. P. 32.1. He has

taken no action since. He has failed to pay the Court’s filing fee and fee for the

clerk’s record, although he indicated on the docketing statement that he had not filed

a statement of inability to pay costs, see id. 5, 35.3(a)(2); he has not communicated

with the reporter regarding the reporter’s record and, despite being directed to file

written verification with the Court that he has requested the reporter’s record, has failed to do so, see id. 34.1, 35.3(b)(2); he has not responded to appellee’s motion,

although more than ten days have passed since it was filed; and, he has not otherwise

communicated with the Court.

Texas Rule of Appellate Procedure 42.3 provides for the involuntary dismissal

of an appeal based on failure to prosecute or comply with a court order or directive.

See TEX. R. APP. P. 42.3(b),(c). Accordingly, based on appellant’s failure to pay

required fees, comply with a Court directive, and otherwise communicate with the

Court, we grant appellee’s motion and dismiss the appeal. See id. 42.3(b),(c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220567F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

WENDELL REESE, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-22-00567-CV V. Trial Court Cause No. CC-22-01588- B. BRECKENRIDGE PROPERTY Opinion delivered by Chief Justice FUND 2016, LLC, Appellee Burns, Justices Molberg and Goldstein participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Breckenridge Property Fund 2016, LLC recover its costs, if any, of this appeal from appellant Wendell Reese.

Judgment entered September 23, 2022

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