Narrative Opinion Summary
Order issued on February 13, 2018, by the Fourteenth Court of Appeals regarding case number NO. 14-17-00931-CV, in which Nina Garza is the appellant and Momentum Audi d/b/a Audi Central Houston is the appellee, originating from the 61st District Court, Harris County, Texas (Trial Court Cause No. 2015-37157). The notice of appeal was filed on November 29, 2017. The court was informed by the clerk that the appellant had not paid for the record and no evidence of the appellant's indigence was presented, as required under Texas Rule of Appellate Procedure 20.1. On January 11, 2018, the court warned the appellant that the appeal would be dismissed unless proof of payment was submitted. As no response was received, the court ordered the appellant to provide evidence of payment arrangements for the clerk’s record by February 28, 2018. Failure to comply will result in dismissal of the appeal according to Texas Rule of Appellate Procedure 37.3(b). The order is issued per curiam.
Legal Issues Addressed
Court's Authority to Demand Compliancesubscribe to see similar legal issues
Application: The court exercised its authority to demand compliance by setting a deadline for the appellant to provide proof of payment arrangements.
Reasoning: On January 11, 2018, the court warned the appellant that the appeal would be dismissed unless proof of payment was submitted.
Dismissal of Appeal for Non-Compliancesubscribe to see similar legal issues
Application: The court warned the appellant that the appeal would be dismissed if proof of payment was not submitted by the specified deadline, pursuant to Texas Rule of Appellate Procedure 37.3(b).
Reasoning: As no response was received, the court ordered the appellant to provide evidence of payment arrangements for the clerk’s record by February 28, 2018. Failure to comply will result in dismissal of the appeal according to Texas Rule of Appellate Procedure 37.3(b).
Requirement for Payment of Record in Appealssubscribe to see similar legal issues
Application: The appellant, Nina Garza, was required to pay for the appellate record or provide proof of indigence as stipulated by the Texas Rule of Appellate Procedure 20.1.
Reasoning: The court was informed by the clerk that the appellant had not paid for the record and no evidence of the appellant's indigence was presented, as required under Texas Rule of Appellate Procedure 20.1.