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Haghnazari v. Tidewater Finance Co.

Citations: 396 S.W.3d 681; 2013 Tex. App. LEXIS 1789; 2013 WL 1614116Docket: No. 05-12-00875-CV

Court: Court of Appeals of Texas; February 21, 2013; Texas; State Appellate Court

Narrative Opinion Summary

Appellant was ordered on November 30, 2012, to provide proof of payment for the clerk’s record or arrange for payment within ten days, with a warning that failure to comply would result in dismissal of the case. As the appellant did not comply or communicate with the Court, the appeal has been dismissed. Additionally, the clerk's request for an extension of time to file the record, submitted on February 1, 2013, is denied as moot.

Legal Issues Addressed

Denial of Motion as Moot

Application: The request for an extension of time to file the record was denied because the underlying appeal had already been dismissed, making the request irrelevant.

Reasoning: Additionally, the clerk's request for an extension of time to file the record, submitted on February 1, 2013, is denied as moot.

Dismissal of Appeal for Non-Compliance

Application: The appeal was dismissed because the appellant failed to provide proof of payment for the clerk's record or arrange for payment within the designated timeframe.

Reasoning: As the appellant did not comply or communicate with the Court, the appeal has been dismissed.