John Hagy Custom Homes, LLC v. Kathy Dotzler, Individually and as Trustee of Kathy Dotzler Living Trust

• Court: Texas Court of Appeals, 8th District (El Paso)
• Decided: May 28, 2026
• Docket: 08-26-00166-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-26-00166-CV

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Terry Welker and T. Welker and Son, LLC; DSS HC, LLC d/b/a Dynamic Site Solutions, n/k/a True Dynamic Site Solutions, LLC; and John Hagy Custom Homes, LLC, Appellants

v.

Kathy Dotzler, Individually and as Trustee of Kathy Dotzler Living Trust, Appellees

On Appeal from the 200th District Court Travis County, Texas Trial Court No. D-1-GN-23-003749

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine if it should be partially

dismissed for failure to pay the required filing fee. See Tex. R. App. P. 5, 42.3.

On March 18, 2026, the Clerk of the Third Court of Appeals issued a notice advising

Appellants Terry Welker and T. Welker and Son, LLC (Welker) and DSS HC, LLC d/b/a Dynamic Site Solutions, n/k/a True Dynamic Site Solutions, LLC (Dynamic) of the required $205 filing fee

and warned that failure to pay the fee might result in dismissal of the appeal. 1 See Tex. R. Civ. P.

145; Tex. R. App. P. 20.1. The Third Court of Appeals transferred this appeal to this Court on April

22, 2026. 2 Appellant John Hagy Custom Homes, LLC, paid the required filing fee on March 19,

2026.

On April 23, 2026, the Clerk of this Court issued second notices of nonpayment of the

filing fee or proof of entitlement to a fee exemption to Welker and Dynamic. The notice requested

payment on or before May 3, 2026. This Court’s notice further advised that if the fee was not

timely paid, the appeal could be dismissed without further notice.

As of this date, Appellants Welker and Dynamic have not paid the filing fee or otherwise

shown that they are exempt from paying the fee. We dismiss this appeal with respect to these two

appellants. See Tex. R. App. P. 5, 42.3(c).

MARIA SALAS MENDOZA, Chief Justice

May 28, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

1 Both of these appellants filed separate notices of appeal on March 16, 2026. 2 The case was transferred pursuant to a docket equalization order issued by the Supreme Court of Texas. Tex. Gov’t Code Ann. § 73.001. We follow the precedent of the Third Court of Appeals to the extent it might conflict with our own. Tex. R. App. P. 41.3.