D&Y Investments, LLC v. Double L Acquisitions, LLC

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-26-00209-CV

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D&Y INVESTMENTS, LLC, Appellant V.

DOUBLE L ACQUISITIONS, LLC, Appellee

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On Appeal from the 457th District Court Montgomery County, Texas

Trial Cause No. 24-10-16154

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MEMORANDUM OPINION

D&Y Investments, LLC filed a notice of appeal from a final judgment signed on March 3, 2026. On May 27, 2026, the Clerk notified the parties that the record was due on July 1, 2026. On July 1, 2026, the trial court clerk notified this Court that no payment arrangements for the record have been made. We notified the parties that Appellant had not established indigent status, and that the clerk’s record had not been filed due to Appellant’s failure to pay or to arrange to pay the fee required to prepare the clerk’s record. We warned Appellant that the appeal would be dismissed

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for want of prosecution unless Appellant established that it had made the arrangements required to pay the fee or that it needed more time to do so. See Tex. R. App. P. 37.3(b). After the Clerk of this Court sent the parties a letter warning of the consequences of a failure to take the action necessary to file the clerk’s record, the Court did not receive a response.

Appellant has not explained why it has not paid the fee for the clerk’s record;

therefore, we dismiss the appeal for want of prosecution. Id. 42.3(c), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 26, 2026 Opinion Delivered August 27, 2026

Before Golemon, C.J., Wright and Chambers, JJ.