Franklin J. Miller v. Merle Miller, Inc., KW Vending Management Services, LLC, Assured Holdings and Investments LLC, Assured Vending, LLC, Merle Miller, Katie Miller, Steve Collier, and Trey Miller

• Court: Court of Appeals of Texas
• Decided: November 13, 2024
• Docket: 07-24-00319-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00319-CV

FRANKLIN J. MILLER, APPELLANT

V.

MERLE MILLER, INC., KW VENDING MANAGEMENT SERVICES, LLC, ASSURED HOLDINGS AND INVESTMENTS LLC, ASSURED VENDING, LLC, MERLE MILLER, KATIE MILLER, STEVE COLLIER, AND TREY MILLER, APPELLEES

On Appeal from the 72nd District Court Lubbock County, Texas Trial Court No. DC-2024-CV-0643, Honorable John C. Grace, Presiding

November 13, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Franklin J. Miller, filed a notice of appeal from the trial court’s Order

Granting Defendants’ Rule 91a Motion to Dismiss without paying the requisite filing fee.

By letter of October 21, 2024, the Clerk of this Court notified Appellant that the filing fee

was overdue and that unless he was excused from paying court costs under Rule of

Appellate Procedure 20.1, failure to pay the filing fee by October 31 would result in dismissal of the appeal. 1 To date, Appellant has neither paid the filing fee nor sought

leave to proceed without payment of court costs.

Because Appellant has failed to comply with a requirement of the appellate rules

and a notice from the Clerk requiring action within a specified time, we dismiss the appeal.

See TEX. R. APP. P. 25.1(b), 42.3(c).

Per Curiam

1 The Court later learned that Appellant filed a motion seeking to withdraw his notice of appeal with

the district clerk on October 21, 2024. However, Appellant never filed a motion to dismiss the appeal with this Court. See TEX. R. APP. P. 42.1 (concerning voluntary dismissals).