Kenneth H. Archibald and Archibald & Associates, Inc. v. El Paso Orthopaedic Surgery Group, P.A. and Brett Henderson

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS

§
KENNETH H. ARCHIBALD and No. 08-25-00166-CV
ARCHIBALD & ASSOCIATES, INC., §
Appeal from the
Appellants, §
41st District Court
v. §
of El Paso County, Texas
EL PASO ORTHOPAEDIC SURGERY §
GROUP, P.A. and BRETT HENDERSON, (TC# 2015DCV2669)
M.D., §

Appellees. §

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed. See Tex. R. App. P. 42.3.

On June 17, 2025, the Clerk of this Court sent Appellants Kenneth H. Archibald and

Archibald & Associates, Inc. a letter requesting payment of the required filing fee. See Tex. R.

App. P. 5 (requiring payment of fees in civil cases unless a party is excused by statute or by

appellate rule from paying costs). The letter notified Appellants that the appeal would be subject

to dismissal on or after June 28, 2025, if they failed to pay the filing fee or failed to show an excuse

from payment. See Tex. R. App. P. 42.3(c) (authorizing an appellate court to dismiss an appeal
where an appellant fails to comply with a notice from the clerk requiring a response or other action

within a specified time).

As of this date, Appellants have not paid the filing fee or otherwise shown an excuse from

payment. Accordingly, we dismiss this appeal. See Tex. R. App. P. 5, 42.3(c). All pending motions

are denied as moot.

MARIA SALAS MENDOZA, Chief Justice

July 8, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

2