Franklin J. Miller v. Merle Miller, Inc., KW Vending Management Services, LLC, Assured Holdings and Investments LLC, Assured Vending, LLC, Merle Miller, Katie Miller, Steve Collier, and Trey Miller

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00319-CV

FRANKLIN J. MILLER, APPELLANT

V.

MERLE MILLER, INC., KW VENDING MANAGEMENT SERVICES, LLC, ASSURED
HOLDINGS AND INVESTMENTS LLC, ASSURED VENDING, LLC, MERLE MILLER,
KATIE MILLER, STEVE COLLIER, AND TREY MILLER, APPELLEES

On Appeal from the 72nd District Court
Lubbock County, Texas
Trial Court No. DC-2024-CV-0643, Honorable John C. Grace, Presiding

November 13, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Franklin J. Miller, filed a notice of appeal from the trial court’s Order

Granting Defendants’ Rule 91a Motion to Dismiss without paying the requisite filing fee.

By letter of October 21, 2024, the Clerk of this Court notified Appellant that the filing fee

was overdue and that unless he was excused from paying court costs under Rule of

Appellate Procedure 20.1, failure to pay the filing fee by October 31 would result in
dismissal of the appeal. 1 To date, Appellant has neither paid the filing fee nor sought

leave to proceed without payment of court costs.

Because Appellant has failed to comply with a requirement of the appellate rules

and a notice from the Clerk requiring action within a specified time, we dismiss the appeal.

See TEX. R. APP. P. 25.1(b), 42.3(c).

Per Curiam

1 The Court later learned that Appellant filed a motion seeking to withdraw his notice of appeal with

the district clerk on October 21, 2024. However, Appellant never filed a motion to dismiss the appeal with
this Court. See TEX. R. APP. P. 42.1 (concerning voluntary dismissals).

2