HERC Rentals, Inc. v. Spear Services, LLC, Deral David Knight, Individually, SS Collections, LLC and Richard Belvin A/K/A Ricky Belvin, Individually

• Court: Court of Appeals of Texas
• Decided: March 22, 2023
• Docket: 12-23-00073-CV
• Status: Published

Opinion

NO. 12-23-00073-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HERC RENTALS, INC., § APPEAL FROM THE 114TH APPELLANT

V.

SPEAR SERVICES, LLC, DERAL § JUDICIAL DISTRICT COURT DAVID KNIGHT, INDIVIDUALLY, SS COLLECTIONS, LLC AND RICHARD BELVIN A/K/A RICKY BELVIN, INDIVIDUALLY, APPELLEES § SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for failure to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(c). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c). On March 10, 2023, the Clerk of this Court notified Appellant, HERC Rentals, Inc., that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before March 20. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that it is excused from paying the fee. 1 Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). 2 Opinion delivered March 22, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1 On March 20, the court reporter filed a letter with this Court, in which she states that Appellant’s counsel informed her that no transcripts were needed and that counsel further told her he would “more than likely withdraw the appeal.” 2 We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 22, 2023

HERC RENTALS, INC., Appellant V. SPEAR SERVICES, LLC, DERAL DAVID KNIGHT, INDIVIDUALLY, SS COLLECTIONS, LLC AND RICHARD BELVIN A/K/A RICKY BELVIN, INDIVIDUALLY, Appellees

Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 17-2175-B)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.