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Hawkins, Brad v. Seale, Todd

Citation: Not availableDocket: 05-12-00870-CV

Court: Court of Appeals of Texas; April 18, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal filed by Brad Hawkins against Todd Seale was dismissed due to Hawkins' failure to pay the required $175 filing fee. The Court of Appeals of the Fifth District of Texas informed Hawkins on June 26, 2012, about the past due fee and provided a ten-day deadline for payment, warning that noncompliance would lead to dismissal of the appeal. After granting an additional ten-day extension on July 17, 2012, the Court noted that Hawkins had still not paid the fee as of the date of the opinion, leading to the dismissal of the appeal. The judgment states that Todd Seale is entitled to recover his costs from Brad Hawkins, with the dismissal officially recorded on April 18, 2013.

Legal Issues Addressed

Awarding of Costs to Prevailing Party

Application: The judgment entitled the appellee to recover costs from the appellant due to the dismissal of the appeal.

Reasoning: The judgment states that Todd Seale is entitled to recover his costs from Brad Hawkins, with the dismissal officially recorded on April 18, 2013.

Consequences of Noncompliance with Court Orders

Application: Noncompliance with the court's order to pay the filing fee resulted in the appeal's dismissal and the assignment of costs to the appellant.

Reasoning: After granting an additional ten-day extension on July 17, 2012, the Court noted that Hawkins had still not paid the fee as of the date of the opinion, leading to the dismissal of the appeal.

Dismissal of Appeal for Nonpayment of Filing Fee

Application: The appellant's failure to pay the required filing fee resulted in the dismissal of his appeal.

Reasoning: The appeal filed by Brad Hawkins against Todd Seale was dismissed due to Hawkins' failure to pay the required $175 filing fee.

Notification and Extension for Payment of Filing Fee

Application: The court provided the appellant with a notification and an extension to pay the filing fee, which he failed to meet.

Reasoning: The Court of Appeals of the Fifth District of Texas informed Hawkins on June 26, 2012, about the past due fee and provided a ten-day deadline for payment, warning that noncompliance would lead to dismissal of the appeal.