Victor Garcia and Natalie Charles v. Sreit Travesia, LP D/B/A Century Travesia

• Court: Court of Appeals of Texas
• Decided: December 13, 2024
• Docket: 08-24-00366-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

VICTOR GARCIA and NATALIE § No. 08-24-00366-CV CHARLES, § Appeal from the Appellants, § County Court at Law No. 2 v. § of Travis County, Texas SREIT TRAVESIA, LP D/B/A CENTURY TRAVESIA, § (TC#C-1-CV-24-004160)

Appellee.

MEMORANDUM OPINION

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

dismissed based on Appellants’ failure to comply with our order and with Rule 32.1 of the rules

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

when a party fails to comply with a rule of procedure, “a court order, or a notice from the clerk

requiring a response or other action within a specified time”); Tex. R. App. P. 32.1 (providing, in

civil cases, that an appellant “must file” a docketing statement as prescribed by the rule). Because

Appellants were given more than 10 days’ notice and they have neither complied with this Court’s

order nor with Rule 32.1, we dismiss the appeal. Rule 32 of the Texas Rules of Appellate Procedure requires an appellant to promptly file a

docketing statement upon the filing of a notice of appeal. Tex. R. App. P. 32.1. Appellants’ notice

of appeal was filed on September 27, 2024. Because no docketing statement had been filed, the

Clerk of the Court sent a letter to Appellants that same day, requesting compliance with that

requirement within 10 days. On October 24, 2024, after no filing had yet been made, the Clerk of

the Court sent a second letter requesting a filing on or before November 13, 2024. 1 When no

docketing statement was timely received, the Court issued an Order requiring Appellants to file

the docketing statement on or before December 8, 2024. As of today’s date, no docketing statement

has been filed by Appellants. Accordingly, after providing proper notice, we dismiss the appeal

based on Appellants’ failure to comply with this Court’s order and with a requirement of the

appellate rules. Tex. R. App. P. 42.3(c).

GINA M. PALAFOX, Justice

December 13, 2024

Before Alley, C.J., Palafox and Soto, JJ.

1 This case was transferred from the Third Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov’t Code Ann. § 73.001. We follow the precedent of the Third Court of Appeals to the extent it might conflict with our own. See Tex. R. App. P. 41.3.