Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/17/2015 11:01:00 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00789-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/17/2015 11:01:00 AM CHRISTOPHER PRINE CLERK
Cause No. 01-15-00789-CV
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IN THE COURT OF APPEALS
FIRST COURT OF APPEALS DISTRICT OF TEXAS
HOUSTON, TEXAS
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LOAN NGUYEN
Appellant,
V.
Appellee.
On Appeal from The 269 th Judicial District Court of Harris County, Texas
Trial Court Cause No. 2013-76879
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APPELLEE TARGET CORPORATION’S MOTION TO DISMISS FOR
WANT OF PROSECUTION
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TO THE HONORABLE COURT OF APPEALS:
Defendant TARGET CORPORATION files this Motion to Dismiss the
Appellant’s Notice of Appeal for Want of Prosecution based on Appellant Loan
Nguyen’s failure to diligently prosecute her claims. On September 14th, 2015, this Honorable Court received a Notice of
Assignment from the 269th Judicial District Court of Harris County, Texas.
2. On September 15th, 2015, this Honorable Court issued a Notice requiring
that Appellant file her filing fee on or before October 5, 2015. Further, this Court
required that the District Court Reporter file the record on or before October 9, 2015.
3. On October 6, 2015, this Honorable Court issued a reminder to the
Appellant, noting that the filing fee had not been paid and that if the fee was not paid on
or before November 5, 2015, the appeal may be dismissed. Contrary to the Texas Rules of Appellate Procedure and this Court’s prior
Notices, neither the filing fee nor the underlying record have been filed with this
Honorable Court. In this regard, the Appellant has not paid the filing fee and has not paid
for the underlying record. Thus, Appellee Target Corporation respectfully requests that
this Honorable Court dismiss Appellant Loan Nguyen’s Appeal for want of prosecution.
PRAYER
For the foregoing reasons, Appellee TARGET CORPORATION respectfully
moves the Court to dismiss Appellant Loan Nguyen’s Notice of
Appeal and Appellant Defendant TARGET CORPORATION seeks all costs of court.
Respectfully submitted,
GERMER, PLLC
By:
State Bar No. 00788678
ROBIN BLANCHETTE
State Bar. No. 24045509
Three Allen Center
333 Clay Street, Suite 4950
Houston, Texas 77002
Telephone : (713) 650-1313
Facsimile:
E-Mail: twilliams@germer.com
ATTORNEYS FOR DEFENDANT,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument
has been duly sent by facsimile transmission, on December 17, 2015 to the following
counsel:
Todd E. Webb
The Webb Law Firm
3730 Kirby Dr., Suite 1200
Houston, TX 77098