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Le v. Moody Gardens, Inc.

Court of Appeals of Texas, First District
Jul 2, 2024
No. 01-24-00104-CV (Tex. App. Jul. 2, 2024)

Opinion

01-24-00104-CV

07-02-2024

LAN HONG LE, Appellant v. MOODY GARDENS, INC., Appellee


On Appeal from the 122nd District Court Galveston County, Texas Trial Court Case No. 23-CV-0418.

Panel consists of Adams, Chief Justice and Kelly and Goodman, Justices.

MEMORANDUM OPINION

PER CURIAM

Appellant Lan Hong Le appeals from a judgment signed on January 12, 2024. Appellant has not paid for the clerk's record or the required filing fee and has not established indigence for purposes of appellate costs. See Tex. R. App. P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault); see also Tex. Gov't Code Ann. §§ 51.207, 51.208, 51.941(a), 101.041; Order Regarding Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158.

The Court issued a notice on March 4, 2024 (past due fee) that the appeal might be subject to dismissal unless the filing fee was paid. The Court's notice advised that, unless appellant paid the filing fee by April 3, 2024, the appeal might be dismissed. See Tex. R. App. P. 5 (allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault), 42.3(c) (allowing involuntary dismissal of case). No response was received.

The Court also issued a notice on April 15, 2024 advising appellant that the Court might dismiss the appeal for failure to pay or make financial arrangements for the filing of the clerk's record unless appellant submitted written evidence by May 15, 2024 showing that he had paid or made arrangements to pay for the clerk's record. See Tex. R. App. P. 5 (allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault), 42.3(c) (allowing involuntary dismissal of case). No response was received.

We dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(c), 43.2(f). We dismiss all pending motions as moot.


Summaries of

Le v. Moody Gardens, Inc.

Court of Appeals of Texas, First District
Jul 2, 2024
No. 01-24-00104-CV (Tex. App. Jul. 2, 2024)
Case details for

Le v. Moody Gardens, Inc.

Case Details

Full title:LAN HONG LE, Appellant v. MOODY GARDENS, INC., Appellee

Court:Court of Appeals of Texas, First District

Date published: Jul 2, 2024

Citations

No. 01-24-00104-CV (Tex. App. Jul. 2, 2024)