Narrative Opinion Summary
The Court of Appeals for the Second District of Texas has dismissed the appeal filed by Ross Stratman against Frank R. Jelinek due to the appellant's failure to pay the required $175 filing fee by the specified deadline of July 24, 2008. This action was taken in accordance with Texas Rule of Appellate Procedure 42.3(c), which allows for dismissal if the appellant does not comply with fee requirements. The court noted that the appellant had received prior written notice of the fee obligation. As a result of the dismissal, Stratman is ordered to pay all costs associated with the appeal. The decision was delivered by a panel consisting of Chief Justice Cayce and Justices Livingston and Dauphinot on July 31, 2008.
Legal Issues Addressed
Application of Texas Rule of Appellate Procedure 42.3(c)subscribe to see similar legal issues
Application: The court applied this rule to dismiss the appeal after the appellant did not comply with the fee requirements despite prior notice.
Reasoning: This action was taken in accordance with Texas Rule of Appellate Procedure 42.3(c), which allows for dismissal if the appellant does not comply with fee requirements.
Dismissal for Non-Payment of Filing Feessubscribe to see similar legal issues
Application: The Court of Appeals dismissed the appeal due to the appellant's failure to pay the required filing fee by the specified deadline.
Reasoning: The Court of Appeals for the Second District of Texas has dismissed the appeal filed by Ross Stratman against Frank R. Jelinek due to the appellant's failure to pay the required $175 filing fee by the specified deadline of July 24, 2008.
Responsibility for Costs Following Dismissalsubscribe to see similar legal issues
Application: As a consequence of the dismissal, the appellant is held responsible for all costs incurred during the appeal process.
Reasoning: As a result of the dismissal, Stratman is ordered to pay all costs associated with the appeal.