Narrative Opinion Summary
On March 20, 2014, the Court of Appeals for the Second District of Texas notified Sabiha Yusufzai, the appellant, that the trial court clerk had not received payment arrangements for the preparation of the clerk's record, which is required under Texas Rule of Appellate Procedure 35.3(a)(2). The court warned that failure to make payment arrangements within ten days would result in dismissal of the appeal for want of prosecution. As the appellant did not comply, the court dismissed the appeal and stated that the appellant is responsible for all costs associated with the appeal, with execution for costs to issue. The judgment was delivered on April 17, 2014, by a panel including Justices Gabriel, Livingston, and Dauphinot.
Legal Issues Addressed
Dismissal of Appeal for Want of Prosecutionsubscribe to see similar legal issues
Application: The appellant's failure to make payment arrangements for the preparation of the clerk's record led to the dismissal of the appeal.
Reasoning: The court warned that failure to make payment arrangements within ten days would result in dismissal of the appeal for want of prosecution.
Requirement to Arrange Payment for Clerk's Recordsubscribe to see similar legal issues
Application: Under Texas Rule of Appellate Procedure 35.3(a)(2), the appellant was required to make payment arrangements for the preparation of the clerk's record, which she failed to do.
Reasoning: The Court of Appeals for the Second District of Texas notified Sabiha Yusufzai, the appellant, that the trial court clerk had not received payment arrangements for the preparation of the clerk's record, which is required under Texas Rule of Appellate Procedure 35.3(a)(2).
Responsibility for Costs in Appealsubscribe to see similar legal issues
Application: The appellant was held responsible for all costs associated with the appeal due to non-compliance with procedural requirements.
Reasoning: As the appellant did not comply, the court dismissed the appeal and stated that the appellant is responsible for all costs associated with the appeal, with execution for costs to issue.