Court of Civil Appeals of Texas, 2018

Van Cuong Nguyen v. Kim Trang Nguyen

Van Cuong Nguyen v. Kim Trang Nguyen
Court of Civil Appeals of Texas · Decided September 13, 2018

Van Cuong Nguyen v. Kim Trang Nguyen

Opinion

Appeal Dismissed and Memorandum Opinion filed September 13, 2018

In The Fourteenth Court of Appeals NO. 14-18-00624-CV VAN CUONG NGUYEN, Appellant V. KIM TRANG NGUYEN, Appellee On Appeal from the 345th District Court Travis County, Texas Trial Court Cause No. D-1-FM-12-006576 MEMORANDUM OPINION This is an appeal from a judgment signed by the associate judge on June 5, 2018, and adopted by the district judge on June 6, 2018. The notice of appeal was filed June 25, 2018.

No clerk’s record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. On August 7, 2018, the court notified all parties of the court’s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b). No such proof has been filed.

Further, our records show appellant has not paid the appellate filing fee, and no evidence that appellant is excused by statute or the Texas Rules of Appellate Procedure from paying costs has been filed. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs); Tex. Gov’t Code Ann. § 51.207. On August 23, 2018, this court ordered appellant to pay the appellate filing fee by September 4, 2018, or the appeal would be dismissed. The filing fee has not been paid.

Accordingly, the appeal is DISMISSED. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant failed to comply with notice from clerk requiring response or other action within specified time).

PER CURIAM

Panel consists of Justices Christopher, Jamison, and Brown.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.