Adolfo Pedro Vivas v. Zinc Point Manufacturing, Inc. and Baron Global Distributors LLC

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00383-CV
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ADOLFO PEDRO VIVAS, Appellant

V.

ZINC POINT MANUFACTURING, INC. AND BARON GLOBAL
DISTRIBUTORS LLC, Appellees

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On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 25-05-07578
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MEMORANDUM OPINION

On October 13, 2025, Adolfo Pedro Vivas filed a notice of appeal from an

order denying his special appearance. Upon receiving the notice of appeal from

Appellant, the Clerk of the Court issued an invoice for the filing fee for the appeal.

By letter dated November 18, 2025, we notified the parties that Appellant had not

paid the filing fee as directed in our letter and invoice previously forwarded to

Appellant. A Certified Bill of Costs for the filing fee was enclosed and provided to

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Appellant. We warned Appellant in our letter dated November 18, 2025, that unless

the filing fee was paid, the appeal would be dismissed without further notice on any

date after Monday, December 1, 2025. See Tex. R. App. P. 42.3(c). As of this date,

Appellant has failed to pay the filing fee as directed by this Court.

On October 27, 2025, the District Clerk notified the Court that Appellant had

failed to pay or to make the arrangements necessary for the District Clerk to prepare

the clerk’s record. We notified the parties that Appellant had not established indigent

status, and that the clerk’s record had not been filed due to Appellant’s failure to pay

or to arrange to pay the fee required to prepare the clerk’s record. We warned

Appellant that the appeal would be dismissed for want of prosecution unless

Appellant established that he had made the arrangements required to pay the fee or

that he needed more time to do so. See id. 37.3(b). After the Clerk of this Court sent

the parties a letter warning of the consequences of a failure to take the action

necessary to file the clerk’s record, the Court did not receive a response.

Appellant has not paid the filing fee for the appeal, nor has he explained why

he has not paid the fee for the clerk’s record; therefore, we dismiss the appeal for

want of prosecution. Id. 5, 42.3(c), 43.2(f).

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APPEAL DISMISSED.

PER CURIAM

Submitted on January 21, 2026
Opinion Delivered January 22, 2026

Before Golemon, C.J., Johnson and Wright, JJ.

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