Danial Jaweed and Kaylunn Sills v. Trade Resources Inc. Appeal from County Civil Court at Law No 1 of Harris County (memorandum opinion per curiam)

Annotate this Case
Download PDF
NO. 12-20-00182-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS DANIAL JAWEED AND KAYLUNN SILLS, APPELLANTS V. TRADE RESOURCES INC., APPELLEE § APPEAL FROM THE COUNTY § CIVIL COURT AT LAW NO. 1 § HARRIS COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM For two reasons, this appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. 1 See TEX. R. APP. P. 42.3(c). First, a party who is not excused by statute or the appellate rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5. An appellate court may enforce Rule 5 by any order that is just. Id. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c). On July 17, 2020, Appellants, Danial Jaweed and Kaylunn Sills, were notified that the filing fee in this appeal is due and that the appeal would be subject to dismissal if not paid within twenty days of the July 17 notice, unless Appellants are exempt from paying the filing fee or established an inability to pay the filing fee. See TEX. R. APP. P. 5. On August 7, Appellants were informed that the filing fee had not been paid and, unless Appellants notified the Court in Pursuant to a docket equalization order issued by the Supreme Court of Texas on July 30, 2020, this appeal has been transferred to this Court from the First Court of Appeals in Houston, Texas. 1 writing on or before September 7 as to why Appellants should not pay the fee, or paid the appellate filing fee on or before September 7, the appeal may be dismissed. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee passed, and Appellants have not paid the fee or otherwise shown that they are excused from paying the fee. Second, on August 12, the Clerk of this Court notified Appellants that the notice of appeal failed to contain the information specifically required by Texas Rule of Appellate Procedure 9.5 and Section 51.017(a) of the Texas Civil Practice and Remedies Code. See TEX. R. APP. P 9.5 (service); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.017(a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for preparing reporter's record). The notice warned that, unless Appellants filed a proper notice of appeal on or before September 11, the appeal would be referred to the Court for dismissal. This deadline passed and Appellants have not filed a compliant notice of appeal or otherwise responded to this Court’s August 12 notice. Because Appellants failed, after notice, to comply with Rule 5, Rule 9.6, and Section 51.017(a), the appeal is dismissed. 2 See TEX. R. APP. P. 42.3(c) (on its own initiative after giving ten days' notice to all parties, appellate court may dismiss appeal if appeal is subject to dismissal because appellant failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time). Opinion delivered October 14, 2020. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 2 We also note that Appellants failed to file the required docketing statement. See TEX. R. APP. P. 32.1. 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT OCTOBER 14, 2020 NO. 12-20-00182-CV DANIAL JAWEED AND KAYLUNN SILLS, Appellants V. TRADE RESOURCES INC., Appellee Appeal from the County Civil Court at Law No 1 of Harris County, Texas (Tr.Ct.No. 1143294) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.