Arturo Diaz, Individually and AD II Improvements, LLC v. Herc Rentals Inc. F/K/A Hertz Equipment Rental Corporation

• Court: Court of Appeals of Texas
• Decided: August 30, 2024
• Docket: 08-24-00307-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

ARTURO DIAZ, INDIVIDUALLY and AD § No. 08-24-00307-CV II IMPROVEMENTS, LLC, § Appeal from the Appellants, § 41st Judicial District Court v. § of El Paso County, Texas HERC RENTALS INC. F/K/A HERTZ EQUIPMENT RENTAL CORPORATION, § (TC# 2021DCV2702)

Appellee.

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 August 1, 2024, the Clerk of this Court sent Appellants 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 rules from paying costs). The letter notified Appellants

that this appeal would be subject to dismissal after August 21, 2024, if they failed to pay or failed

to show they were excused from paying the required fee. 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 they are excused

from paying the required fee. Accordingly, we dismiss this appeal. See Tex. R. App. P. 5, 43.3(c).

GINA M. PALAFOX, Justice

August 30, 2024

Before Alley, C.J., Palafox, and Soto, JJ.