Narrative Opinion Summary
In a procedural matter before the Fourteenth Court of Appeals, Jennifer Lyn Gray filed an appeal against Robert Christian Iversen, M.D., and Rima Joffrion, NP. The notice of appeal was submitted on August 25, 2022. However, the appellant failed to pay for the preparation of the clerk's record or establish indigence as required by Texas Rule of Civil Procedure 145. Following the reinstatement of the appeal on November 15, 2022, Jennifer Lyn Gray was instructed to make payment and provide proof within fifteen days, with the clerk’s record to be filed within thirty days. Despite these directives, no payment was made nor arrangements established, prompting the court to issue a ten-day ultimatum for compliance. The judicial panel, consisting of Justices Wise, Jewell, and Poissant, emphasized that non-compliance would lead to dismissal of the appeal for lack of prosecution under Texas Rule of Appellate Procedure 37.3(b). This case underscores the critical procedural requirements appellants must adhere to in appellate proceedings.
Legal Issues Addressed
Consequences of Non-Compliance with Payment Orderssubscribe to see similar legal issues
Application: Failure to comply with the court's order to make payment arrangements for the clerk's record may result in dismissal of the appeal for lack of prosecution.
Reasoning: If the appellant fails to comply, the appeal may be dismissed without further notice for lack of prosecution, in accordance with Texas Rule of Appellate Procedure 37.3(b).
Procedural Requirement for Reinstated Appealssubscribe to see similar legal issues
Application: Upon reinstatement of the appeal, the appellant was ordered to take specific actions within a set timeframe to avoid dismissal.
Reasoning: After the appeal was reinstated on November 15, 2022, the appellant was ordered to pay for the clerk’s record and provide proof of payment within fifteen days, with the clerk’s record due within thirty days.
Requirement for Payment of Clerk's Recordsubscribe to see similar legal issues
Application: The appellant is required to pay for the preparation of the clerk's record or provide evidence of indigence to proceed with the appeal.
Reasoning: The court clerk reported that the appellant has not paid for the preparation of the clerk's record, nor has there been any evidence of established indigence as required by Texas Rule of Civil Procedure 145.