NO. 12-24-00179-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BRIAN 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

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§

§

APPEAL FROM THE 173RD 

JUDICIAL DISTRICT COURT

HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure 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. See TEX. R. APP. P. 42.3(c).

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; see TEX. R. APP. P. 20.1. An appellate court may 

enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. 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).
2

On May 29, 2024, the Clerk of this Court notified Appellants, Brian 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, that the filing fee in this appeal is due and that the appeal would be 

subject to dismissal if the fee was not paid on or before June 10. 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.

1

 

Because Appellants failed, after notice, to comply with Rule 5, the appeal is dismissed.

2

See TEX. R. APP. P. 42.3(c). 

Opinion delivered June 21, 2024.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1 The case information sheet from the Henderson County District Clerk’s Office reflects that Appellants 

were not declared indigent in the trial court.

2 We also note that Appellants have not filed the required docketing statement or corrected defects in the 

filing of their notice of appeal. See TEX. R. APP. P. 32.1 (docketing statement); 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); TEX. R. APP. P. 26.1 (time for filing notice of appeal); TEX. R. APP. P. 26.3(b)

(extension of time to file notice of appeal); Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT 

JUNE 21, 2024 

NO. 12-24-00179-CV

BRIAN 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

Appeal from the 173rd District Court 

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

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