Johnny Partain v. the State of Texas

Court: Court of Appeals of Texas
Date filed: 2021-05-27
Citations:
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Combined Opinion
    NUMBERS 13-21-00038-CV, 13-21-00039-CV, 13-21-00040-CV,
 13-21-00041-CV, 13-21-00042-CV, 13-21-00043-CV, & 13-21-00044-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                        CORPUS CHRISTI – EDINBURG
____________________________________________________________

JOHNNY PARTAIN,                                                                          Appellant,

                                                     v.

COMPASS BANK, ET AL.,                              Appellees.
____________________________________________________________

             On appeal from the 332nd District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                              MEMORANDUM OPINION
                 Before Justices Benavides, Hinojosa, and Silva
                   Memorandum Opinion by Justice Hinojosa

        Appellant Johnny Partain, proceeding pro se, appeals separate judgments and/or

orders in the foregoing cause numbers. 1 These matters are before the Court for


        1 These appeals each arise from the 332nd District Court of Hidalgo County, Texas, and consist of
the following: (1) No. 13-21-00038-CV, Johnny Partain v. Compass Bank; (2) No. 13-21-00039-CV, Johnny
Partain v. J. E. Eddie Guerra, Carlos Gonzalez, Homer Jasso Sr., Rene Guerra, Rodolfo Gonzalez, Sergio
appellant’s failure to remit a filing fee. On March 9, 2021, the Clerk of the Court notified

appellant that he was delinquent in remitting a $205.00 filing fee in each appeal. The clerk

notified appellant that the appeals were subject to dismissal if the filing fees were not paid

within ten days from the date of receipt of this letter. See TEX. R. APP. P. 42.3(b), (c).

       This Court has the authority to dismiss an appeal for want of prosecution or

because the appellant has failed to comply with a requirement of the appellate rules, a

court order, or a notice from the clerk requiring a response or other action within a

specified time. See id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76

(Tex. App.—San Antonio 2017, no pet.). Appellant has failed to respond to this Court’s

notices and has failed to pay the filing fees for these appeals. Accordingly, the appeals

are dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b), (c).



                                                                       LETICIA HINOJOSA
                                                                       Justice


Delivered and filed on the
27th day of May, 2021.




Valdez, Guadalupe Trevino, and County of Hidalgo; (3) No. 13-21-00040-CV, Johnny Partain v. Judge
Manuel Banales; (4) No. 13-21-00041-CV, Johnny Partain v. Judge Robert Blackmon; (5) No. 13-21-00042-
CV, Johnny Partain v. State of Texas; (6) No. 13-21-00043-CV, Johnny Partain v. McAllen Police Chief
Victor Rodriguez, In His Official And Individual Capacities, and The City of McAllen; and (7) No. 13-21-
00044-CV, Johnny Partain v. Fire Insurance Exchange.

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