Affiliated Freight Support, LLC v. Canfor Southern Pine Inc.

Opinion

Opinion issued June 5, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00811-CV ——————————— AFFILIATED FREIGHT SUPPORT, LLC, Appellant V. CANFOR SOUTHERN PIPE, INC., Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1212138

MEMORANDUM OPINION

Appellant, Affiliated Freight Support, LLC, filed a notice of appeal from a

September 16, 2024 trial court order. Appellant has neither paid the required fees

nor established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R.

APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts

of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket

No. 15-9158 (Tex. Aug. 28, 2015). On November 15, 2024, appellant was notified

that this appeal was subject to dismissal if appellate costs were not paid, or indigence

was not established, by December 16, 2024. See TEX. R. APP. P. 42.3(b), (c).

Appellant did not adequately respond.

Further, appellant has not paid or made arrangements to pay the fee for the

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On November 18,

2024, appellant was notified that this appeal was subject to dismissal if appellant did

not submit written evidence that it had paid or made arrangements to pay the fee for

the preparation of the clerk’s record by December 18, 2024. See TEX. R. APP. P.

42.3(b), (c). Appellant did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

Panel consists of Justices Guerra, Gunn, and Dokupil.