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LDM Invs., Inc. v. Ganji

Court of Appeals Fifth District of Texas at Dallas
Apr 24, 2014
No. 05-13-01755-CV (Tex. App. Apr. 24, 2014)

Opinion

No. 05-13-01755-CV

04-24-2014

LDM INVESTMENTS, INC. D/B/A LDM DESIGN AND CONSTRUCTION, Appellant v. SHAUN GANJI, Appellee


DISMISS; Opinion Filed April 24, 2014.

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC13-01986


MEMORANDUM OPINION


Before Justices Fillmore, Evans, and Lewis

Opinion by Justice Evans

Appellee has moved to dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3 (b). Appellee notes the clerk's record has not been filed because appellant has failed to pay for it. See id. 35.3(a). Appellee further notes that, despite being cautioned that the appeal could be dismissed without further notice if appellant did not file by March 3, 2014 written verification that it had made arrangements to pay for the record or was entitled to proceed without prepayment of costs, appellant has failed to confirm payment has been made or pre-payment is not required. See id. 37.3(b). Because appellant has failed to file the requested verification, nothing in our records reflect appellant is entitled to proceed without pre-payment of costs, and appellant has taken no action in the appeal since filing the notice of appeal, we grant appellee's motion and dismiss the appeal. See id. 37.3(b), 42.3(b).

Additionally, appellee notes that the trial court granted a motion for new trial, and the matter is currently pending before the trial court. Appellee, however, did not attach a copy of the order granting the motion for new trial and does not move to dismiss for want of jurisdiction.

________________


JUSTICE
131755F.P05

JUDGMENT

LDM INVESTMENTS, INC. D/B/A LDM
DESIGN AND CONSTRUCTION,
Appellant

V.
SHAUN GANJI, Appellee
No. 05-13-01755-CV

On Appeal from the 191st Judicial District

Court, Dallas County, Texas

Trial Court Cause No. DC-13-01986.

Opinion delivered by Justice Evans.

Justices Fillmore and Lewis participating.

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

We ORDER that appellee Shaun Ganji recover his costs of this appeal from appellant LDM Investments, Inc. d/b/a LDM Design and Construction.

________________

DAVID EVANS

JUSTICE


Summaries of

LDM Invs., Inc. v. Ganji

Court of Appeals Fifth District of Texas at Dallas
Apr 24, 2014
No. 05-13-01755-CV (Tex. App. Apr. 24, 2014)
Case details for

LDM Invs., Inc. v. Ganji

Case Details

Full title:LDM INVESTMENTS, INC. D/B/A LDM DESIGN AND CONSTRUCTION, Appellant v…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 24, 2014

Citations

No. 05-13-01755-CV (Tex. App. Apr. 24, 2014)