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Erik Sloman-Moll, M.D. v. Southwestern Bell Yellow Pages, Inc. N/K/A AT&T Advertising, L.P.

Citation: Not availableDocket: 04-10-00920-CV

Court: Court of Appeals of Texas; March 16, 2011; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Erik Sloman-Moll, M.D., the appellant, has had his appeal dismissed for want of prosecution due to failure to pay the required filing fee. Under Texas Rule of Appellate Procedure 5, parties not excused from paying costs must remit fees at the time of filing. The appellate court previously ordered the appellant on February 9, 2011, to either pay the fee or provide evidence of being excused from it by February 24, 2011. The appellant did not comply with this order, leading to the dismissal of the appeal as per Texas Rule of Appellate Procedure 42.3(c). The court, presided over by Justice Irene Rios, concluded the matter without further proceedings.

Legal Issues Addressed

Compliance with Court Orders

Application: The appellant did not comply with the court's order to pay the filing fee or provide evidence of being excused, which resulted in the dismissal of the appeal.

Reasoning: The appellate court previously ordered the appellant on February 9, 2011, to either pay the fee or provide evidence of being excused from it by February 24, 2011. The appellant did not comply with this order, leading to the dismissal of the appeal as per Texas Rule of Appellate Procedure 42.3(c).

Dismissal for Want of Prosecution

Application: The appeal was dismissed because the appellant failed to pay the required filing fee, which is necessary for the continuation of the appeal process.

Reasoning: Erik Sloman-Moll, M.D., the appellant, has had his appeal dismissed for want of prosecution due to failure to pay the required filing fee.

Requirement to Pay Filing Fees

Application: Under Texas Rule of Appellate Procedure 5, the appellant was required to pay the filing fee, unless excused, to proceed with the appeal.

Reasoning: Under Texas Rule of Appellate Procedure 5, parties not excused from paying costs must remit fees at the time of filing.