Rocky v. Emery, Antony Gordon, Larry Gordon, Joel Gold, and Israel Baron v. Zaltic Solutions, Inc. (N.K.A. GIRONI INVESTMENTS, INC.)

• Court: Court of Appeals of Texas
• Decided: February 13, 2025
• Docket: 01-24-00650-CV
• Status: Published

Opinion

Opinion issued February 13, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00650-CV ——————————— ROCKY V. EMERY, ANTONY GORDON, LARRY GORDON, JOEL GOLD, AND ISRAEL BARON, Appellants V. ZALTIC SOLUTIONS, INC. N/K/A GIRONI INVESTMENTS, INC., Appellee

On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Case No. 23-DCV-306834

MEMORANDUM OPINION

Appellants, Rocky V. Emery, Antony Gordon, Larry Gordon, Joel Gold, and

Israel Baron, have filed a notice of appeal from the trial court’s August 12, 2024 order denying their motion to compel arbitration. Appellants have failed to timely

file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief).

The record in this appeal was due on September 3, 2024. See TEX. R. APP. P.

35.1(b). On September 3, 2024, appellants filed a notice of filing an appendix in

lieu of a clerk’s record. See TEX. R. APP. P. 34.5a.

On September 5, 2024, the court reporter notified the Court that there was a

reporter’s record in this case, but appellants had not paid or made arrangements to

pay for the preparation of the reporter’s record. Accordingly, on September 16,

2024, the Clerk of the Court notified appellants that unless they submitted written

evidence that a reporter’s record had been requested and that appellants had paid or

made arrangements to pay for the preparation of the reporter’s record by September

26, 2024, the Court may require appellants to file their brief and consider the appeal

without a reporter’s record. See TEX. R. APP. P. 37.3(c). Appellants did not respond

to the notice.

On November 19, 2024, the Court issued an order informing appellants that

it would consider and decide those issues or points that did not require a reporter’s

record for a decision. See TEX. R. APP. P. 37.3(c). The Court also ordered appellants

to file their appellants’ brief and appendix in lieu of a clerk’s record by December 9,

2024. See TEX. R. APP. P. 34.5a(b). Appellants did not file a brief or an appendix.

2 On December 16, 2024, the Clerk of this Court notified appellants that this

appeal was subject to dismissal unless a brief, or a motion to extend time to file a

brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing

failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal

for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure

to comply with notice from Clerk of Court). Despite the notice that this appeal was

subject to dismissal, appellants did not adequately respond to the December 16, 2024

notice.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.