Narrative Opinion Summary
Con-Corp Construction, L.L.C. appealed from a judgment of the 166th Judicial District Court in Bexar County, Texas, signed on August 30, 2016. The clerk's record was due on October 31, 2016, but was not filed because the appellant did not pay the required clerk's fee. On November 1, 2016, the trial court clerk notified that the appeal could not proceed without payment. The Fourth Court of Appeals ordered the appellant to provide proof of payment or entitlement to appeal without fee by November 14, 2016. The appellant failed to respond, resulting in the dismissal of the appeal as per Texas Rules of Appellate Procedure 37.3(b) and 42.3(c).
Legal Issues Addressed
Consequences of Non-Compliance with Court Orderssubscribe to see similar legal issues
Application: Failure to comply with the court's order to provide proof of payment or entitlement to appeal without fee results in dismissal of the appeal.
Reasoning: The appellant failed to respond, resulting in the dismissal of the appeal as per Texas Rules of Appellate Procedure 37.3(b) and 42.3(c).
Filing Requirement for Appealssubscribe to see similar legal issues
Application: The appellant is required to pay the clerk's fee to proceed with the appeal; failure to do so can result in dismissal.
Reasoning: The clerk's record was due on October 31, 2016, but was not filed because the appellant did not pay the required clerk's fee.
Notification of Deficiency in Filingsubscribe to see similar legal issues
Application: The trial court clerk must inform the appellant of the inability to proceed with the appeal due to non-payment of fees.
Reasoning: On November 1, 2016, the trial court clerk notified that the appeal could not proceed without payment.