Epic Custom Homes, Ltd and Greg Taylor v. Stephanie Kindle and Brent Kindle

• Court: Court of Appeals of Texas
• Decided: May 21, 2024
• Docket: 01-23-00940-CV
• Status: Published

Opinion

Opinion issued May 21, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00940-CV ——————————— EPIC CUSTOM HOMES, LTD AND GREG TAYLOR, Appellants V. STEPHANIE KINDLE AND BRENT KINDLE, Appellees

On Appeal from the 295th District Court Harris County, Texas Trial Court Case No. 2019-75448

MEMORANDUM OPINION

Appellants Epic Custom Homes, Ltd. and Greg Taylor have neither

established indigence, nor paid or made arrangements to pay the fee for preparing

the clerk’s record. See TEX. R. APP. P. 20.1 (listing requirements for establishing

indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault); see also TEX. GOV’T CODE §§ 51.207, 51.208, 51.941(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. On January 2, 2024, the Court issued a notice,

advising appellants that failure to pay the fee for the clerk’s record could result in

dismissal of this appeal. See TEX. R. APP. P. 5 (allowing enforcement of rule),

37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s

fault), 42.3(c) (allowing involuntary dismissal of case). Appellants failed to

respond to our notice.

Accordingly, we dismiss the appeal. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Kelly and Goodman.