Audubon C. Stores, Inc. D/B/A Minute Mart v. Environmental Earth-Wise, Inc.

• Court: Court of Appeals of Texas
• Decided: August 21, 2025
• Docket: 01-25-00450-CV
• Status: Published

Opinion

Opinion issued August 21, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00450-CV ——————————— AUDUBON C. STORES, INC. D/B/A MINUTE MART, Appellant V. ENVIRONMENTAL EARTH-WISE, INC., Appellee

On Appeal from the 239th District Court Brazoria County, Texas Trial Court Case No. 121685-CV

MEMORANDUM OPINION

Appellant Audubon C. Stores, Inc. d/b/a Minute Mart filed its notice of appeal

on June 16, 2025. Appellant did not pay its appellate filing fee or establish indigence

for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T

CODE §§ 51.207, 51.208, 51.941(a), 101.041; 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. 24-9047 (Tex. July 26, 2024). The Clerk

of this Court notified Appellant that unless it paid the appellate filing fee by August

11, 2025, its appeal could be dismissed. See TEX. R. APP. P. 42.3(b). To date,

Appellant has not paid the appellate filing fee nor established indigence for purposes

of appellate costs.

We dismiss the appeal for nonpayment of the required fee and for want of

prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b)–(c). We dismiss any pending

motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.