Zone 3 Collision Center and Hardy Auto Storage v. Kirby Chantelle Hartman

• Court: Court of Appeals of Texas
• Decided: July 25, 2024
• Docket: 01-23-00578-CV
• Status: Published

Opinion

Opinion issued July 25, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00578-CV ——————————— HARDY AUTO STORAGE AND ZONE 3 COLLISION CENTER, Appellants V. KIRBY CHANTELLE HATMAN, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1200996

MEMORANDUM OPINION

Appellants, Hardy Auto Storage and Zone 3 Collision Center, have neither

paid the required fees nor established indigence for purposes of appellate costs. See

TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208,

51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation,

Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). On September 6, 2023, appellants

were notified that this appeal was subject to dismissal if appellate costs were not

paid, or indigence was not established, by October 6, 2023. See TEX. R. APP. P.

42.3(b), (c). Appellants did not adequately respond.

Further, appellants have failed to timely file a brief. See TEX. R. APP. P.

38.6(a) (governing time to file brief). Appellants filed a notice of appeal from the

trial court’s July 17, 2023 trial court order. The clerk’s record was filed on August

10, 2023, and on September 19, 2023, the court reporter notified the Court that there

was no reporter’s record for this case. Accordingly, appellants’ brief was due to be

filed on or before October 19, 2023. See TEX. R. APP. P. 38.6(a). Appellants did not

file an appellants’ brief.

On November 14, 2023, the Clerk of this Court notified appellants that this

appeal was subject to dismissal unless a brief or a motion to extend time to file a

brief was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing

failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal

for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure

to comply with notice from Clerk of Court). Despite the notice that this appeal was

subject to dismissal, appellants did not adequately respond.

2 Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). All pending

motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.