Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy v. Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez

CourtCourt of Appeals of Texas
DecidedOctober 9, 2025
Docket10-25-00306-CV
StatusPublished

This text of Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy v. Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez (Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy v. Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy v. Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez, (Tex. Ct. App. 2025).

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00306-CV

Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy, Appellants

v.

Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez, Appellees

On appeal from the 85th District Court of Brazos County, Texas Judge Kyle Hawthorne, presiding Trial Court Cause No. 25-001734-CV-85

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Appellants, Thomas Moore Feeds, LLC, Matthew Moore, and Matt

McCurdy, appealed from a final judgment signed by the trial court on August

22, 2025. On August 29, 2025, Appellants were notified that the filing fee was

due on or before Monday, September 8, 2025, and that a docketing statement

was required to be completed and returned to this Court by Monday, September 8, 2025. The filing fee was not paid and the required docketing

statement was not received. See TEX. R. APP. P. 5, 32.1. By letter dated

September 11, 2025, the Clerk of this Court notified Appellants that the filing

fee had not been paid and that if the fee was not paid before Monday,

September 22, 2025, the appeal would be dismissed. By letter also dated

September 11, 2025, the Clerk of this Court notified Appellants that the

docketing statement had not been filed and warned them that the Court may

dismiss the appeal without further notice if a docketing statement was not filed

on or before Monday, September 22, 2025. See TEX. R. APP. P. 42.3(c).

As of the date of this opinion, the filing fee has not been paid and we

have not received the docketing statement, nor have we received any request

for an extension of time to pay the filing fee or to file the docketing statement.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5, 32.1, 42.3(c).

STEVE SMITH Justice

OPINION DELIVERED and FILED: October 9, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06

Thomas Moore Feeds, LLC v. Kalmbach Feeds, Inc. Page 2

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Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy v. Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-moore-feeds-llc-matthew-moore-and-matt-mccurdy-v-kalmbach-feeds-texapp-2025.