Timothy R. Rax v. Braeburn Valley West Civic Association, Inc.

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: July 7, 2026
• Docket: 01-26-00201-CV
• Status: Published

Opinion

Opinion issued July 7, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00201-CV ——————————— TIMOTHY R. RAX, Appellant V. BRAEBURN VALLEY WEST CIVIC ASSOCIATION, INC., Appellee

On Appeal from the 151st District Court Harris County, Texas Trial Court Case No. 2025-47768

MEMORANDUM OPINION

This is an appeal from a final judgment signed October 27, 2025. Appellant

Timothy R. Rax has not paid the fee for the clerk’s record or the required filing fee

and has not established indigence for purposes of appellate costs. See TEX. R. APP.

P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault); see also TEX. GOV’T CODE §§ 51.207, 51.208, 51.851(b),

51.941(a); Order Regarding Fees Charged in the Supreme Court, in Civil Cases in

the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation,

and in the Business Court, Misc. Docket No.24-9047 (Tex. July 26, 2024), reprinted

in TEX. R. APP. P. app. A § B(1) (listing fees in courts of appeals).

Appellant failed to respond to our notices of March 24, 2026 (non-payment

of filing fee) and April 7, 2026 (non-payment for clerk’s record), which advised

appellant that, should he not pay the fee for the clerk’s record or the filing fee or

establish indigence, this appeal was subject to dismissal. See TEX. R. APP. P. 5

(allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk’s

record filed due to appellant’s fault), 42.3(c) (allowing involuntary dismissal of

case). Appellant has not responded to this Court’s notices.

We dismiss the appeal. See TEX. R. APP. P. 42.3, 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM Panel consists of Justices Caughey, Johnson, and Dokupil.