Woodforest National Bank v. Relianse Group, LLC, Haresh Surti, and Anthony Iannarelli

Summary

The Ninth District Court of Appeals dismissed Woodforest National Bank’s appeal for want of prosecution. The court found that the appellant failed to pay the appellate filing fee, failed to pay or arrange payment for preparation of the clerk’s record, and did not respond to notices regarding those deficiencies.

Holdings

1. An appeal may be dismissed when the appellant fails to pay the appellate filing fee after receiving notice and an opportunity to cure the failure.
2. An appeal may be dismissed for want of prosecution when the appellant fails to pay or arrange payment for preparation of the clerk's record, fails to establish indigence, and does not respond to the court's notice and warning.

Questions Presented

1. Whether the appeal should be dismissed when the appellant failed to pay the appellate filing fee.
2. Whether the appeal should be dismissed for want of prosecution when the appellant failed to pay or arrange payment for preparation of the clerk's record and failed to respond to the court's warnings.

Disposition

dismissed