## NO. 12

- 24

- 00179

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BRIAN GLASS D/B/A L IMITLESS HOMES AND DESIGN, LLC , GAYLYNN GLASS D/B/A LIMITLESS HOMES AND DESIGN, LLC AND LIMITLESS HOMES AND DESIGN, LLC , APPELLANT S

V.

BEV ERLY WALKER , APPELLEE §

§

§ APPEAL FROM THE 173RD

JUDICIAL DISTRICT COURT

HENDERSON COUNTY, TEXA S

MEMORANDUM OPINION PE R CURIAM

T his appeal is being di smissed fo r fa i lure t o comply with a requi rement of the appellate rules, a court orde r, or a notice from the clerk requiring a response or other action within a specified time

. See T EX

. R. A PP

. P. 42 .3(c).

A party who is not excu sed by statute or the appellate rules from paying costs must pay

--
at the time an item is presented for filing

-- w hatever fees ar e required by s t a tute or Texas Supreme Court order. T EX

. R. A PP

. P. 5 ; see T EX

. R. A PP

. P. 20.1

. An appellate court may
enf orce Ru l e 5 by any order that is ju st. T E X

. R. A PP

. P. 5

. A fter giving t en days ’ notice , an appellate court may d ismiss an appeal because the appellant failed to comply wit h a requiremen t

o f the appellate rules, a court order, o r a notice from the clerk requi ring a response or other
action withi n a speci fied ti me. T EX

. R. A PP

. P. 42.3(c).2 On May 2 9 , 2024
, the Clerk of this Court notified Appellant s , Brian Glass d/b/a Limitless Homes and Design, LLC, Gaylynn Glass d/b/a Limitless Homes and Design, LLC, and Lim itless Homes and Design, LLC
, that the filing fee in t h is appeal is due and th at the appeal would be subject t o dismissal if the fee was not paid on or before June 10

. The date for remitti ng the fi lin g fee p assed, and Appell a nt s have not paid the fee o r othe rwise s hown that they are excused from paying the fee

. 1 Because Appellant s failed, after notice, to compl y with Rule 5, the appeal is dismissed

. 2

Se e T EX

. R. A PP

. P

. 42.3(c)

.

Opinion delivered June 21, 2024

. Panel c onsisted of Worthen, C.J., H oyle, J., and Neeley, J.

1 The case information sheet from the Henderson County District Clerk ’s Offi ce reflects that Appellants were not dec lared indigent in the trial court.

2 We also note that Appellants have no t filed the required do cketing statement or corrected defects in the filing of their notice of appeal. See T EX

. R. A PP

. P. 32.1 (docketing st atement); see also T EX

. C IV

. P RAC

. & R EM C ODE A NN

. § 51

. 017 (a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for preparing reporter ’ s r ecord) ; T EX

. R. A PP

. P. 2 6. 1 ( t ime for filing notice of a ppeal ) ; T EX

. R. A PP

. P. 26.3(b) (extension of time to file notice of appeal) ; Verb urgt v. Dorner , 959 S.W.2d 615 (Tex. 1997)

.

## COURT OF APPEALS

TW ELFTH COUR T OF APPEALS DISTRICT OF TEXAS

J UDGMENT

J UNE 21, 2024

NO

. 12-24-00179- CV

B RIAN GLASS D/B/A LIMITLESS HOMES AND DESIGN, LLC , GAYLYNN GLASS

D/B/A LIMITLESS HOMES AND DESIGN, LLC AND LIMITLESS HOMES AND DESIGN, LLC , Appellants V. BEVERLY WALKER , Appellee

A ppeal from the 173rd District Court

o f Henderson County, Texas (Tr.Ct.No. CV23 -0327-392)

THIS CAUSE came to be heard on the a ppellat e record; and the same being considered,
it is the opinion of this Court that this appeal should be d ismissed

. It is therefore ORDERED, ADJUDGED an d DECRE ED by t his Court that the appeal be
, and the same is, hereb y dismissed ; and that this decision be certified to the court below for
observance.

B y p er curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J