Document Info

DocketNumber: 12-19-00384-CV

Filed Date: 12/4/2019

Status: Precedential

Modified Date: 12/6/2019

  •                                   NO. 12-19-00384-CV
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    THURSTON, OWENS & NEWMAN,                        §       APPEAL FROM THE
    L.L.C., D/B/A SOUTHWEST
    RESTAURANT & BEVERAGE
    SOLUTIONS, LESLIE DELOYD
    THURSTON, BILLY RAY BELL
    JUNIOR, THREE SAVAGES, L.L.C.,
    PAUL SACCOCCIO, ROTHROCK
    SOLUTIONS, L.L.C., TODD
    ROTHROCK, AND GILL ELECTRIC,
    L.L.C., APPELLANTS/CROSS-
    APPELLEES
    §       COUNTY COURT AT LAW NO. 2
    V.
    JERRY DAVIS, INDIVIDUALLY AND
    AS PERSONAL REPRESENTATIVE
    OF THE ESTATE OF HAYDEN
    DAVIS, KAREN DAVIS, AND
    SUMMER HERNANDEZ, AS NEXT
    FRIEND OF G.L.D. AND C.N.D.,
    APPELLEES/CROSS-APPELLANTS                       §       GREGG COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    This appeal is being dismissed for failure to comply with the Texas Rules of Appellate
    Procedure. See TEX. R. APP. P. 42.3(c).
    On November 21, 2019, the Clerk of this Court notified Appellants that the filing fee in
    this appeal is due. See TEX. R. APP. P. 5. Appellants were informed that failure to remit the filing
    fee on or before December 2, would result in the Court’s taking appropriate action, including
    dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting
    the filing fee has passed, and Appellants have not complied with the Court’s request.
    Because Appellants failed, after notice, to comply with Rule 5, the appeal is dismissed.
    See TEX. R. APP. P. 42.3(c). This dismissal does not affect the cross appeal filed by Jerry Davis,
    individually and as personal representative of the Estate of Hayden Davis, Karen Davis, and
    Summer Hernandez, as next friend of G.L.D. and C.N.D.
    Opinion delivered December 4, 2019.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    (PUBLISH)
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    DECEMBER 4, 2019
    NO. 12-19-00384-CV
    THURSTON, OWENS & NEWMAN, L.L.C., D/B/A SOUTHWEST RESTAURANT &
    BEVERAGE SOLUTIONS, LESLIE DELOYD THURSTON, BILLY RAY BELL
    JUNIOR, THREE SAVAGES, L.L.C., PAUL SACCOCCIO, ROTHROCK SOLUTIONS,
    L.L.C., TODD ROTHROCK, AND GILL ELECTRIC, L.L.C.,
    Appellants/Cross-Appellees
    V.
    JERRY DAVIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE
    ESTATE OF HAYDEN DAVIS, KAREN DAVIS, AND SUMMER HERNANDEZ, AS
    NEXT FRIEND OF G.L.D. AND C.N.D.,
    Appellees/Cross-Appellants
    Appeal from the County Court at Law No. 2
    of Gregg County, Texas (Tr.Ct.No. 2017-2475-CCL2)
    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 this
    appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below
    for observance. This dismissal does not affect the cross appeal filed by Jerry Davis, individually
    and as personal representative of the Estate of Hayden Davis, Karen Davis, and Summer
    Hernandez, as next friend of G.L.D. and C.N.D.
    By per curiam opinion.
    Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.