Harambee Concepts, LLC and Stefan Jordan v. CH4R, LLC D/B/A Cozy Homes

• Court: Court of Appeals of Texas
• Decided: October 13, 2022
• Docket: 09-22-00258-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00258-CV __________________

HARAMBEE CONCEPTS, LLC AND STEFAN JORDAN, Appellants

V.

CH4R, LLC D/B/A COZY HOMES, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 22-32529 __________________________________________________________________

MEMORANDUM OPINION

After CH4R, LLC d/b/a Cozy Homes filed a forcible entry and detainer action

against Harambee Concepts, LLC and Stefan Jordan seeking possession of a home

that it had leased to them, the trial court signed a judgment awarding possession of

the premises to CH4R, LLC d/b/a Cozy Homes. But despite Harambee Concepts and

Jordan having perfected an appeal, they then failed to pay the filing fee necessary to

maintaining the appeal.

1 On August 9, 2022, we sent the appellants a certified bill of costs for the filing

fee for their appeal. However, they didn’t pay the filing fee, and they haven’t claimed

they are unable to afford to pay the costs. See Tex. R. App. P. 5, 20.1. On September

9, 2022, through a notice issued by the Clerk of the Court, we warned the parties that

the appellants had not remitted the filing fee. The notice also warned the parties that

unless the appellants paid the fee, the Court would dismiss the appeal without further

notice after September 26, 2022. No party responded to the Clerk’s notice.

In the absence of a satisfactory explanation justifying the appellants’ failure

to pay the filing fee for the appeal, we dismiss the appeal for want of prosecution.

See Tex. R. App. P. 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on October 12, 2022 Opinion Delivered October 13, 2022

Before Kreger, Horton and Johnson, JJ.