Richard Russell Wood and Watermark Industries, LLC (Previously D/B/A Mr. Appliance of Daytona Beach) v. Mr. Appliance LLC

• Court: Court of Appeals of Texas
• Decided: July 14, 2021
• Docket: 10-20-00246-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00246-CV

RICHARD RUSSELL WOOD AND WATERMARK INDUSTRIES, LLC (PREVIOUSLY D/B/A MR. APPLIANCE OF DAYTONA BEACH), Appellants v.

MR. APPLIANCE LLC, Appellee

From the 414th District Court McLennan County, Texas Trial Court No. 2019-712-5

MEMORANDUM OPINION

Appellant Richard Russell Wood filed a pro se notice of appeal in this Court on

September 21, 2020. Wood appealed on his own behalf and on behalf of Watermark

Industries, LLC (previously d/b/a Mr. Appliance of Daytona Beach). After being

informed by the Court that he could not represent Watermark Industries unless he was an attorney, Wood voluntarily dismissed Watermark Industries from this appeal on

November 23, 2020 in his amended notice of appeal.

The docketing statement was not received. See TEX. R. APP. P. 32.1. On June 7,

2021, we sent a letter explaining that the docketing statement must be filed and warning

that the Court could dismiss the appeal if a docketing statement was not filed within ten

(10) days. See id. at R. 42.3(c).

More than ten days have passed, and we have not received the docketing

statement. Accordingly, we dismiss this appeal. See id. at R. 32.1, 42.3(c); see also Cornett

v. Williams, No. 10-19-00141-CV, 2019 Tex. App. LEXIS 4851, at *1 (Tex. App.—Waco June

12, 2019, no pet.) (mem. op.) (dismissing case for failure to file docketing statement).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Davis1 Appeal dismissed Opinion delivered and filed July 14, 2021 [CV06]

1 The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003.

Wood v. Mr. Appliance LLC Page 2