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McKenna McGuire v. the Marquis at Ladera Vista

Citation: Not availableDocket: 14-22-00299-CV

Court: Court of Appeals of Texas; July 14, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appeal Dismissed and Memorandum Opinion filed July 14, 2022, in The Fourteenth Court of Appeals case NO. 14-22-00299-CV involving appellant McKenna McGuire against appellee The Marquis at Ladera Vista. The appeal originates from a default judgment dated March 8, 2022, with the notice of appeal filed on March 14, 2022. The appellant failed to pay the required filing fee of $205.00 and did not provide evidence of being excused from this requirement under Texas law. On June 7, 2022, the court mandated the appellant to pay the fee by June 17, 2022, warning that non-compliance would result in dismissal of the appeal. As of the date of this opinion, the appellant had not paid the fee, leading to the dismissal of the appeal per Texas Rule of Appellate Procedure 42.3(c) for failure to comply with the court's order. The opinion was delivered per curiam by Justices Bourliot, Hassan, and Wilson.

Legal Issues Addressed

Compliance with Court Orders under Texas Rule of Appellate Procedure 42.3(c)

Application: The court dismissed the appeal due to the appellant's non-compliance with a court order to pay the filing fee within a specified timeframe.

Reasoning: On June 7, 2022, the court mandated the appellant to pay the fee by June 17, 2022, warning that non-compliance would result in dismissal of the appeal.

Dismissal for Failure to Pay Filing Fee

Application: The appellant's failure to pay the required filing fee resulted in the dismissal of the appeal according to procedural rules.

Reasoning: The appellant failed to pay the required filing fee of $205.00 and did not provide evidence of being excused from this requirement under Texas law.