Narrative Opinion Summary
FCLT Loans Asset Corp., as the appellant, did not establish indigence or fulfill the requirement to pay the clerk’s fee for preparing the clerk’s record, as mandated by Texas Rule of Appellate Procedure 20.1. Upon notification that the appeal was at risk of dismissal due to these issues, the appellant failed to respond adequately. Consequently, under Texas Rule of Appellate Procedure 42.3(c), the court dismissed the appeal for want of prosecution due to the failure to pay or arrange payment of the clerk’s fee. All pending motions related to the case were also denied. The decision was issued by a panel consisting of Justices Nuchia, Hanks, and Bland.
Legal Issues Addressed
Denial of Pending Motions upon Dismissal of Appealsubscribe to see similar legal issues
Application: All pending motions related to the case were denied following the dismissal of the appeal.
Reasoning: All pending motions related to the case were also denied.
Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 42.3(c)subscribe to see similar legal issues
Application: The court dismissed the appeal due to the appellant's failure to pay or arrange payment of the clerk’s fee, which is necessary for the prosecution of the appeal.
Reasoning: Consequently, under Texas Rule of Appellate Procedure 42.3(c), the court dismissed the appeal for want of prosecution due to the failure to pay or arrange payment of the clerk’s fee.
Indigence and Payment of Clerk’s Fee under Texas Rule of Appellate Procedure 20.1subscribe to see similar legal issues
Application: The appellant, FCLT Loans Asset Corp., failed to establish indigence or fulfill the requirement to pay the clerk’s fee, which is a prerequisite for maintaining an appeal.
Reasoning: FCLT Loans Asset Corp., as the appellant, did not establish indigence or fulfill the requirement to pay the clerk’s fee for preparing the clerk’s record, as mandated by Texas Rule of Appellate Procedure 20.1.