DWD Entrepreneurs, LLC v. Rigid Global Building, LLC

• Court: Court of Appeals of Texas
• Decided: October 1, 2020
• Docket: 01-20-00435-CV
• Status: Published

Opinion

Opinion issued October 1, 2020

In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00435-CV ——————————— DWD ENTREPRENEURS, LLC, Appellant V. RIGID GLOBAL BUILDINGS, LLC, Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2019-37069

MEMORANDUM OPINION

Appellant, DWD Entrepreneurs, LLC, 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, 51.851(b), 59.941(a),

101.041; Order Regarding 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 July 3, 2020, appellant was notified

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

was established, by August 3, 2020. 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

preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). On July 30, 2020,

appellant was notified that this appeal was subject to dismissal if it did not respond

by August 31, 2020. 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

for want of prosecution. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c), 43.2(f). We

dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Lloyd, and Landau.