Black Gold Texas Tea Oil, LLC, Antonio Serna v. Petrosur, LLC

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-26-00055-CV

BLACK GOLD TEXAS TEA OIL, LLC, ANTONIO SERNA, Appellants

V.

PETROSUR, LLC, Appellee

On Appeal from the 284th District Court
Montgomery County, Texas
Trial Court No. 24-05-07505

Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION

On March 25, 2026, Appellants, Black Gold Texas Tea Oil, LLC and Antonio Serna,

filed their notice of appeal in the Ninth Court of Appeals. 1 The trial court clerk’s record was due

to be filed with the appellate court on April 20, 2026. Appellants were not indigent and were

therefore responsible for payment of the fees for the preparation of the clerk’s record. See TEX.

R. APP. P. 20.1; 35.3(a)(2); 37.3(b).

Because the trial court clerk’s record was not received by April 20, 2026, the appellate

court clerk notified Appellants by letter that their appeal would be dismissed for want of

prosecution unless, by May 20, 2026, (1) Appellants provided proof that they had made

satisfactory arrangements with the trial court clerk’s office to pay the fee for the record, or

(2) Appellants filed a motion stating the facts they relied on to reasonably explain the need for

additional time to file the record. See TEX. R. APP. P. 37.3(b); 42.3(b).

On May 20, 2026, the Montgomery County, Texas District Clerk informed this Court that

Appellants had neither made nor arranged payment for the preparation of the clerk’s record.

Furthermore, this Court has not received any response from Appellants to the April 20, 2026,

correspondence. Consequently, this appeal is ripe for dismissal. See TEX. R. APP. P. 37.3(b), (c);

42.3(b).

1
Originally appealed to the Ninth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.).
2
Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b);

42.3(b).

Charles van Cleef
Justice

Date Submitted: June 8, 2026
Date Decided: June 9, 2026

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