Roger E. Middaugh v. LVNV Funding, LLC

NUMBER 13-23-00462-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
ROGER E. MIDDAUGH, Appellant,
v.
LVNV FUNDING, LLC, Appellee.
____________________________________________________________
On appeal from the 148th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Longoria, Silva, and Peña
Memorandum Opinion by Justice Longoria
This cause is before the Court on its own motion. The clerk’s record was due to be
filed on or before November 14, 2023. On November 15, 2023, the Clerk of the Court
notified appellant that the deputy district clerk, Angela Garcia, has notified the Court that
appellant had failed to make arrangements for payment of the clerk’s record. Appellant
was notified that unless he made arraignments to pay for the clerk’s record and proof of
payment was provided to the Court within ten days, the appeal was subject to dismissal
for want of prosecution. See TEX. R. APP. P. 37.3(b).
Furthermore, on October 30, 2023, the Clerk of the Court instructed the appellant
to remit a $205.00 filing fee within ten days from the date of the notice. On November 15,
2023, the Clerk of this Court notified appellant that he was delinquent in remitting a
$205.00 filing fee. The Clerk of this Court notified appellant the appeal was subject to
dismissal if the filing fee was not paid within ten days from the date of the letter. Id. R.
42.3(c).
Appellant has failed to comply with a notice from the Clerk of the Court requiring a
response or other action within the time specified; accordingly, the appeal is dismissed
for want of prosecution. See id. R. 42.3(b), (c).
NORA L. LONGORIA
Justice
Delivered and filed on the
21st day of December, 2023.
2