5th Cir.

Moccia v. Moccia

May 14, 2026 ·25-20238 ·Per Curiam · By Aisha Johnson

The United States Court of Appeals for the Fifth Circuit dismissed an appeal because the appellant failed to provide a transcript of the district court hearing. Without the transcript, the appellate court could not review the grounds for the dismissal of the underlying case.

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Background

Thomas Moccia appealed the district court’s grant of motions to dismiss his case in the United States District Court for the Southern District of Texas. The appeal was assigned to the Summary Calendar of the Fifth Circuit.

The court’s reasoning

The court stated it was unable to review any of Moccia’s contentions on appeal because he had not provided a transcript of the hearing where the district court granted the motions and articulated the grounds for dismissal. The court cited Richardson versus Henry and Coats versus Pierre as authority for this requirement.

What it means going forward

The dismissal prevents appellate review of the district court’s decision, leaving the lower court’s dismissal of the case in place.

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