Ysidro Arismendez v. Golden Star Properties LLC

• Court: Court of Appeals of Texas
• Decided: June 26, 2025
• Docket: 13-25-00135-CV
• Status: Published

Opinion

NUMBER 13-25-00135-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

YSIDRO ARISMENDEZ, Appellant,

v.

GOLDEN STAR PROPERTIES LLC, Appellee. ____________________________________________________________

ON APPEAL FROM THE 36TH DISTRICT COURT OF BEE COUNTY, TEXAS ____________________________________________________________

MEMORANDUM OPINION

Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Peña

On March 20, 2025, appellant filed a notice of appeal seeking to “alter the

appealable order rendered on March 11, 2025” [sic] 1 in trial court cause number

BCV2401242. On March 21, 2025, the Clerk of the Court notified appellant that the notice

1 The Order was signed March 10, 2025. of appeal failed to comply with Texas Rules of Appellate Procedure 9.5 and 25.1. See

TEX. R. APP. P. 9.5, 25.1. Appellant was instructed to correct the defects within thirty days

from the date of the notice. On May 7 and May 15, 2025, appellant was again notified that

the notice of appeal failed to comply with Texas Rules of Appellate Procedure 9.5 and

25.1. See id. Appellant was instructed that if he failed to cure the defects within ten days

from the date of the notice, the appeal would be dismissed. See id. R. 42.3.

Additionally, upon review of the notice of appeal, appellant claims that he is

presumed indigent. However, no statement of inability to afford payment of court costs

was filed in either this court or the trial court, as required. See id. R. 20.1. Therefore, we

are of the opinion that appellant is not entitled to proceed without payment of costs. See

id. Accordingly, on June 10, 2025, the Clerk of the Court notified appellant that the filing

fee was due within ten days from the date of the notice. Appellant has failed to pay a filing

fee as instructed.

Appellant has failed to cure the defective notice of appeal, failed to pay the filing

fee, and has otherwise not responded to the notices from the Clerk of the Court requiring

a response or other action within the time specified. Accordingly, the appeal is dismissed

for want of prosecution. See id. R. 42.3(b), (c).

L. ARON PEÑA JR. Justice

Delivered and filed on the 26th day of June, 2025.