Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC v. Donna Savell and Matthew McCollum

Tex. App. Ct., 8th Dist. (El Paso)

Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC v. Donna Savell and Matthew McCollum

Texas Court of Appeals, 8th District (El Paso)·Decided July 31, 2026·No. 08-26-00275-CV·Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

on Multi-District Litigation, and in the Business Court, Misc. Docket No. 24-9047 (Tex. July 26, 2024).

Under the Texas Rules of Appellate Procedure, the fees for appealing to a court of appeals are due at the time a notice of appeal is presented to the appellate court for filing. See Tex. R. App. P. 5. On April 9, 2026, before the appeal was transferred to this Court, the Clerk of the Third Court of Appeals notified Appellants that this appeal could be dismissed if they failed to pay the filing fees by April 20, 2026. Appellants neither paid the filing fees nor otherwise responded to the Clerk’s notice.

On April 9, 2026, the Clerk of the Third Court of Appeals also notified Appellants that by April 20, 2026, they must make arrangements with the trial court clerk for the clerk’s record and that the appeal may be dismissed if they failed to do so. See Tex. R. App. P. 37.3(b); 42.3(c). On April 22, 2026, the trial court clerk notified the Third Court of Appeals that Appellants had not requested nor paid for the clerk’s record to be sent to the Court of Appeals. To date, no clerk’s record has been filed.

We dismiss this appeal. See Tex. R. App. P. 5, 37.3(b), 42.3 (c).

MARIA SALAS MENDOZA, Chief Justice July 31, 2026 Before Salas Mendoza, C.J., Palafox and Soto, JJ.

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

on Multi-District Litigation, and in the Business Court, Misc. Docket No. 24-9047 (Tex. July 26, 2024).

Under the Texas Rules of Appellate Procedure, the fees for appealing to a court of appeals are due at the time a notice of appeal is presented to the appellate court for filing. See Tex. R. App. P. 5. On April 9, 2026, before the appeal was transferred to this Court, the Clerk of the Third Court of Appeals notified Appellants that this appeal could be dismissed if they failed to pay the filing fees by April 20, 2026. Appellants neither paid the filing fees nor otherwise responded to the Clerk’s notice.

On April 9, 2026, the Clerk of the Third Court of Appeals also notified Appellants that by April 20, 2026, they must make arrangements with the trial court clerk for the clerk’s record and that the appeal may be dismissed if they failed to do so. See Tex. R. App. P. 37.3(b); 42.3(c). On April 22, 2026, the trial court clerk notified the Third Court of Appeals that Appellants had not requested nor paid for the clerk’s record to be sent to the Court of Appeals. To date, no clerk’s record has been filed.

We dismiss this appeal. See Tex. R. App. P. 5, 37.3(b), 42.3 (c).

MARIA SALAS MENDOZA, Chief Justice July 31, 2026 Before Salas Mendoza, C.J., Palafox and Soto, JJ.

Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC v. Donna Savell and Matthew McCollum, (Tex. Ct. App. 2026).

Pincite

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