Abbas Yazdchi Et Al v. Trae Nickelson--Appeal from Co Civil Ct at Law No 4 of Harris CountyAnnotate this Case
Dismissed and Memorandum Opinion filed November 3, 2005.
Fourteenth Court of Appeals
HABIBOLLAH YAZDCHI, Appellant
TRAE NICKELSON, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County , Texas
Trial Court Cause No. 809,673
M E M O R A N D U M O P I N I O N
This appeal is from the denial of a motion for new trial. 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.
Appellant filed a pauper=s oath, which was contested. The trial court conducted a hearing and sustained the contest. Appellant has not challenged the trial court=s ruling on appeal.
On March 22, 2005, notification was transmitted to all parties of the Court's intent 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). On March 24, 2005, appellant responded by filing an affidavit for waiving filing fees.
Appellant has failed to either challenge the trial court=s ruling on the contest or pay for the clerk=s record. Accordingly, the appeal is ordered dismissed.
Judgment rendered and Memorandum Opinion filed November 3, 2005.
Panel consists of Justices Fowler, Edelman, and Guzman.