The Herrera Group, Herrera Financial Group, LLC, Ernesto Herrera, Nora Herrera, and All Other Occupants of 416 N. Stanton, Suite 120, El Paso, Texas 79901 v. Aggie Choi, as Manager of CH Property Partners, LLC, and CH Property Partners, LLC

• Court: Court of Appeals of Texas
• Decided: August 9, 2024
• Docket: 08-24-00148-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

THE HERRERA GROUP, HERRERA § No. 08-24-00148-CV FINANCIAL GROUP, LLC, ERNESTO HERRERA, NORA HERRERA, AND ALL § Appeal from the OTHER OCCUPANTS OF 416 N. STANTON, SUITE 120, EL PASO, TEXAS § County Court at Law No. 3 79901, Appellants, § of El Paso County, Texas

v. § (TC# 2024-CCV00291)

AGGIE CHOI, AS MANAGER OF CH § PROPERTY PARTNERS, LLC, AND CH PROPERTY PARTNERS, LLC, §

Appellees. §

MEMORANDUM OPINION

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

dismissed. See Tex. R. App. P. 42.3.

By Order dated July 15, 2024, the Court sua sponte extended the deadlines to pay the

required filing fee and to file the required docketing statement to August 6, 2024. See Tex. R. App.

P. 5 (requiring payment of fees in civil cases unless a party is excused by statute or by appellate

rules from paying costs); Id. at 32.1 (requiring the appellant to file the docketing statement

“[p]romptly upon filing the notice of appeal”). The Order notified Appellants that their appeal would be subject to dismissal without further notice pursuant to Texas Rule of Appellate Procedure

42.3 if the fee was not paid and the docketing statement was not received by the deadline. See

Tex. R. App. P. 42.3 (c) (authorizing an appellate court to dismiss an appeal where an appellant

fails to comply with a court order within a specified time).

As of this date, Appellants have not paid the filing fee, shown they are excused from paying

the required fee, or filed the required docketing statement. Accordingly, we dismiss this appeal.

See Tex. R. App. P. 5, 42.3(c). All pending motions are denied as moot.

GINA M. PALAFOX, Justice

August 9, 2024

Before Alley, C.J., Palafox, and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)