Joshua DeRoche and Texas Pool-Aid, LLC v. CMI Enterprises, LLC

Appeal Dismissed and Memorandum Opinion filed April 9, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00110-CV

JOSHUA DEROCHE AND TEXAS POOL-AID, LLC, Appellants

V.

CMI ENTERPRISES, LLC, Appellee

On Appeal from the 122nd District Court
Galveston County, Texas
Trial Court Cause No. 22-CV-2292

MEMORANDUM OPINION

This appeal is from a judgment signed October 31, 2023. The notice of appeal
was filed February 12, 2024. To date, our records show that appellants have not paid
the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil
cases unless party is excused by statute or by appellate rules from paying costs); Tex.
Gov’t Code Ann. § 51.207 (appellate fees and costs). Moreover, no clerk’s record
has been filed. The clerk responsible for preparing the record in this appeal informed
the court appellants had not paid for the record, and there is otherwise no indication
appellants have made arrangements to pay for the record.

On February 23, 2024, appellants were instructed to pay the appellate filing
fee on or before March 4, 2024 or the appeal would be subject to dismissal without
further notice. In addition, on February 28, 2024, notification was transmitted to
appellants that the appeal was subject to dismissal without further notice unless,
within fifteen days, appellants made arrangements to pay for the record and provided
this court with proof of payment. See Tex. R. App. P. 37.3(b). Appellants did not
provide any response to any of those notices.

On March 19, 2024, appellants was ordered to pay the filing fee and
demonstrate they had made arrangements to pay for the clerk’s record on or before
March 29, 2024. See Tex. R. App. P. 4.1(a). In the order, the court notified
appellants that failure to comply with either of those requirements would leave the
appeal subject to dismissal without further notice for want of prosecution.

Appellants have not paid the appellate filing fee, they have not provided this
court with proof of payment for the record, nor have they otherwise responded to the
court’s order. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c)
(allowing involuntary dismissal of case because appellant has failed to comply with
notice from clerk requiring response or other action within specified time).

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Poissant.

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