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Rigoberto Sanchez, Jr. v. Cloud Roofing, Inc. and Cott Beverages, Inc.

Citation: Not availableDocket: 04-22-00417-CV

Court: Court of Appeals of Texas; August 15, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Rigoberto Sanchez, Jr. is required to provide written proof to the Fourth Court of Appeals within ten days that either the fee for preparing the clerk’s record has been paid or that arrangements have been made for payment, or that he is entitled to appeal without paying the fee. The trial court clerk reported a late clerk’s record due to non-payment. Failure to respond within the specified timeframe will result in dismissal of the appeal for lack of prosecution, as per Texas Rules of Appellate Procedure 37.3(b) and 42.3(c). The order was issued on August 15, 2022, by Justice Liza A. Rodriguez and documented by Clerk Michael A. Cruz.

Legal Issues Addressed

Dismissal for Lack of Prosecution

Application: Failure to comply with the requirement to provide proof of payment or arrangements for the clerk’s record fee within the specified timeframe will lead to dismissal of the appeal.

Reasoning: Failure to respond within the specified timeframe will result in dismissal of the appeal for lack of prosecution, as per Texas Rules of Appellate Procedure 37.3(b) and 42.3(c).

Payment of Clerk's Record Fee

Application: The appellant must demonstrate either payment or arrangements for payment of the clerk’s record fee or prove entitlement to appeal without such payment.

Reasoning: Appellant Rigoberto Sanchez, Jr. is required to provide written proof to the Fourth Court of Appeals within ten days that either the fee for preparing the clerk’s record has been paid or that arrangements have been made for payment, or that he is entitled to appeal without paying the fee.