2008 Chevrolet Corvette, VIN1G1YY36W585105455 and James Tyron Riggs, Sr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2024
• Docket: 10-23-00360-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00360-CV

2008 CHEVROLET CORVETTE, VIN#1G1YY36W585105455 AND JAMES TYRON RIGGS, SR., Appellant v.

THE STATE OF TEXAS, Appellee

From the 66th District Court Hill County, Texas Trial Court No. 51223

MEMORANDUM OPINION

James Tyron Riggs attempts to appeal the trial court’s inaction on a motion for

default judgment in a case allegedly styled, “2008 Chevrolet Corvette,

VIN#1G1YY36W585105455 and James Tyron Riggs, Sr. v. The State of Texas.”

By letter dated December 8, 2023, the Clerk of this Court notified Riggs that the

appeal was subject to dismissal because it appeared there was no final, appealable order,

and this Court had no jurisdiction of the appeal. See TEX. R. APP. P. 26.2; 44.3. In the same letter, the Clerk warned Riggs that the appeal would be dismissed unless, within 14 days

from the date of the letter, a response was filed showing grounds for continuing the

appeal. More than 14 days have passed, and no response has been filed.

By a separate letter also dated December 8, 2023, the Clerk of this Court notified

Riggs that, although Riggs indicated in his Docketing Statement filed on December 1,

2023, that he did not request a Clerk’s Record, the appeal could not proceed without a

Clerk’s Record. See TEX. R. APP. P. 37.3 (b). In the same letter, the Clerk warned Riggs

that the appeal would be dismissed for want of prosecution unless, within 21 days from

the date of the letter, Riggs requested and made arrangements to pay for the Clerk’s

Record and simultaneously notified this Court of his actions. Id. More than 21 days have

passed, and we have not been notified that Riggs has requested and made arrangements

to pay for the Clerk’s Record.

Further, by Order of the Court issued on December 8, 2023, Riggs was ordered to

file an affidavit or declaration of previous filings and a certified copy of his inmate

account within 21 days from the date of the order. See TEX. CIV. PRAC. & REM. CODE §§

14.004(a), 14.004(c), 14.006(f); Anderson v. Tex. Dep't of Criminal Justice, 530 S.W.3d 150, 153

(Tex. App.—Waco 2015, no pet.). Riggs was warned that the failure to timely file these

documents would result in the dismissal of his appeal without further notice and a

finding that the appeal was frivolous. See Anderson, 530 S.W.3d at 153; see also TEX. R.

APP. P. 42.3(c), 44.3. More than 21 days passed, and Riggs has not complied with the

Chapter 14 affidavit or declaration of previous filings requirement. Accordingly, we find

this appeal to be frivolous. See Anderson, 530 S.W.3d at 153.

2008 Chevrolet Corvette v. State Page 2 For each of the foregoing reasons, this appeal is dismissed. See TEX. R. APP. P.

42.3(c), 44.3, and 37.3 (b).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed January 11, 2024 [CV06]

2008 Chevrolet Corvette v. State Page 3