Narrative Opinion Summary
The appeal by Jimmy Dunn against Deutsche Bank National Trust Co. has been dismissed by the Court of Appeals for the Fifth District of Texas. The dismissal is based on the appellant's failure to pay for or arrange payment for the clerk's record, as required by the court. Despite being notified on July 11, 2013, and being given a ten-day deadline to provide verification of payment or request a waiver of costs, Dunn did not respond or provide the necessary documentation. Consequently, the court, under Texas Rule of Appellate Procedure 37.3(b), has dismissed the appeal and ordered that Deutsche Bank recover its costs from Dunn. The judgment was entered on December 17, 2013, with Justice Evans delivering the opinion, joined by Justices Moseley and Bridges.
Legal Issues Addressed
Application of Texas Rule of Appellate Procedure 37.3(b)subscribe to see similar legal issues
Application: Under this rule, the court dismissed the appeal due to the appellant's non-compliance with payment requirements for the appellate record.
Reasoning: Consequently, the court, under Texas Rule of Appellate Procedure 37.3(b), has dismissed the appeal and ordered that Deutsche Bank recover its costs from Dunn.
Dismissal of Appeal for Failure to Comply with Procedural Requirementssubscribe to see similar legal issues
Application: The court dismissed the appeal due to the appellant's failure to pay for or arrange payment for the clerk's record, as required by procedural rules.
Reasoning: The dismissal is based on the appellant's failure to pay for or arrange payment for the clerk's record, as required by the court.
Notification and Opportunity to Cure Procedural Defectssubscribe to see similar legal issues
Application: The appellant was notified of the requirement to pay for the clerk's record and given a ten-day deadline to comply, but failed to respond or provide verification.
Reasoning: Despite being notified on July 11, 2013, and being given a ten-day deadline to provide verification of payment or request a waiver of costs, Dunn did not respond or provide the necessary documentation.