Narrative Opinion Summary
Hector Gonzalez, the appellant, is involved in an appeal against Atenea Capital Markets Fund, LP, in the Fourth Court of Appeals, San Antonio, Texas. The trial court clerk issued a Notification of Late Record on October 2, 2014, indicating that the clerk's record would not be filed on time because Gonzalez failed to pay or arrange payment for the clerk's fee. The order mandates that Gonzalez provide written proof within ten days that either the fee has been paid or that he is entitled to an exemption from the fee requirement. Failure to respond within the specified timeframe will result in dismissal of the appeal for want of prosecution, as per Texas Rule of Appellate Procedure 37.3(b). The order is signed by Justice Rebeca C. Martinez and the court clerk, Keith E. Hottle.
Legal Issues Addressed
Dismissal of Appeal for Want of Prosecutionsubscribe to see similar legal issues
Application: The appeal will be dismissed if the appellant fails to provide proof of payment or entitlement to a fee exemption within the specified timeframe.
Reasoning: Failure to respond within the specified timeframe will result in dismissal of the appeal for want of prosecution, as per Texas Rule of Appellate Procedure 37.3(b).
Requirement to Pay Clerk's Fee or Prove Exemptionsubscribe to see similar legal issues
Application: The appellant must either pay the clerk's fee or prove entitlement to a fee exemption to avoid dismissal of the appeal.
Reasoning: The order mandates that Gonzalez provide written proof within ten days that either the fee has been paid or that he is entitled to an exemption from the fee requirement.