John Kyles and Leland Pharmacy v. Ernest Junios

• Court: Court of Appeals of Texas
• Decided: August 26, 2025
• Docket: 01-25-00217-CV
• Status: Published

Opinion

Opinion issued August 26, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00217-CV ——————————— JOHN KYLES AND LELAND PHARMACY, LLC, Appellants V. ERNEST JUNIOUS, Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2022-64933

MEMORANDUM OPINION

Appellants, John Kyles and Leland Pharmacy, LLC, filed a notice of appeal

from a March 5, 2025 trial court order. Appellants have neither paid the required

fees nor established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX.

R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, 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 (Tex. Aug. 28, 2015). On April 16, 2025, appellants were notified that

this appeal was subject to dismissal if appellate costs were not paid, or indigence

was not established, by May 16, 2025. See TEX. R. APP. P. 42.3(b), (c). Appellants

did not adequately respond.

Further, appellants have not paid or made arrangements to pay the fee for the

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On May 23, 2025,

appellants were notified that this appeal was subject to dismissal if appellants did

not submit written evidence that appellants had paid or made arrangements to pay

the fee for the preparation of the clerk’s record by June 23, 2025. See TEX. R. APP.

P. 42.3(b), (c). Appellants did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.