Narrative Opinion Summary
Keith Page Parrish, Sr. appeals the summary judgment granted in favor of PDG Group Incorporated by the 30th District Court of Wichita County. The appeal was dismissed due to Parrish's failure to pay or arrange for the payment of the trial court clerk’s fee necessary for preparing the clerk’s record. The trial court issued its judgment on August 14, 2003, requiring the appellate record to be filed within sixty days. On January 27, 2004, the appellate court notified Parrish that the clerk’s record had not been filed and requested it by February 25, 2004. However, by January 29, 2004, the trial court clerk informed the appellate court that Parrish had not made payment arrangements. The appellate court subsequently warned Parrish on February 2, 2004, that his appeal would be dismissed unless he provided proof of payment by February 17, 2004. Parrish did not respond with the required proof, leading to the dismissal of his appeal for want of prosecution on March 25, 2004.
Legal Issues Addressed
Consequences of Non-compliance with Filing Deadlinessubscribe to see similar legal issues
Application: The appellant was warned that failing to comply with the deadline for proof of payment would result in dismissal, which occurred when the deadline was not met.
Reasoning: The appellate court subsequently warned Parrish on February 2, 2004, that his appeal would be dismissed unless he provided proof of payment by February 17, 2004.
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The appellate court dismissed the appeal due to the appellant's failure to arrange payment for the clerk's record, which is necessary for the appeal to proceed.
Reasoning: The appeal was dismissed due to Parrish's failure to pay or arrange for the payment of the trial court clerk’s fee necessary for preparing the clerk’s record.
Requirement for Filing Appellate Recordsubscribe to see similar legal issues
Application: The appellant was required to ensure the filing of the appellate record within a specified period following the trial court's judgment, but failed to do so.
Reasoning: The trial court issued its judgment on August 14, 2003, requiring the appellate record to be filed within sixty days.