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the Unknown Heirs, Successors and Assigns of Joaquin Chapa v. Maria Del Rosario G. POPE Maria Celeste G. Narro Jose Ignacio Gutierrez Maria Cecilia G. Martinez And Maria Iris G. Trevino

Citation: Not availableDocket: 04-09-00669-CV

Court: Court of Appeals of Texas; March 2, 2010; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appellate case involves the Unknown Heirs, Successors, and Assigns of Joaquin Chapa, Deceased, as appellants against several appellees, including Maria del Rosario G. Pope and others. The Texas court dismissed the appeals of multiple defendants, namely, the Fowler Defendants, Becerra Intervenors/Defendants, and Rodriguez Defendants, due to their failure to pay the required filing fees. On November 2, 2009, the court acknowledged a delay in the clerk’s record, which was attributed to the appellants' non-payment of the clerk's fee. The court mandated that the appellants provide proof of payment or entitlement to proceed without payment by February 5, 2010. The appellants did not respond within the allotted time, leading to the dismissal of the appeal for want of prosecution. Costs associated with the appeal are assigned to the appellants.

Legal Issues Addressed

Assignment of Costs

Application: The costs associated with the appeal were assigned to the appellants.

Reasoning: Costs associated with the appeal are assigned to the appellants.

Delay in Clerk’s Record Due to Non-Payment

Application: The court noted a delay in the preparation of the clerk's record because the appellants did not pay the clerk's fee.

Reasoning: On November 2, 2009, the court acknowledged a delay in the clerk’s record, which was attributed to the appellants' non-payment of the clerk's fee.

Dismissal for Failure to Pay Filing Fees

Application: The court dismissed the appeals of several defendants due to their failure to pay the required filing fees.

Reasoning: The Texas court dismissed the appeals of multiple defendants, namely, the Fowler Defendants, Becerra Intervenors/Defendants, and Rodriguez Defendants, due to their failure to pay the required filing fees.

Dismissal for Want of Prosecution

Application: The appeal was dismissed because the appellants failed to respond to the court's mandate by the deadline.

Reasoning: The appellants did not respond within the allotted time, leading to the dismissal of the appeal for want of prosecution.

Mandate to Provide Proof of Payment or Entitlement

Application: The court ordered the appellants to provide proof of payment of the clerk's fee or entitlement to proceed without payment by a specified date, which they failed to do.

Reasoning: The court mandated that the appellants provide proof of payment or entitlement to proceed without payment by February 5, 2010.