Richard Russell Wood and Watermark Industries, LLC (Previously D/B/A Mr. Appliance of Daytona Beach) v. Mr. Appliance LLC

IN THE
TENTH COURT OF APPEALS
No. 10-20-00246-CV
RICHARD RUSSELL WOOD AND
WATERMARK INDUSTRIES, LLC
(PREVIOUSLY D/B/A MR. APPLIANCE
OF DAYTONA BEACH),
Appellants
v.
MR. APPLIANCE LLC,
Appellee
From the 414th District Court
McLennan County, Texas
Trial Court No. 2019-712-5
MEMORANDUM OPINION
Appellant Richard Russell Wood filed a pro se notice of appeal in this Court on
September 21, 2020. Wood appealed on his own behalf and on behalf of Watermark
Industries, LLC (previously d/b/a Mr. Appliance of Daytona Beach). After being
informed by the Court that he could not represent Watermark Industries unless he was
an attorney, Wood voluntarily dismissed Watermark Industries from this appeal on
November 23, 2020 in his amended notice of appeal.
The docketing statement was not received. See TEX. R. APP. P. 32.1. On June 7,
2021, we sent a letter explaining that the docketing statement must be filed and warning
that the Court could dismiss the appeal if a docketing statement was not filed within ten
(10) days. See id. at R. 42.3(c).
More than ten days have passed, and we have not received the docketing
statement. Accordingly, we dismiss this appeal. See id. at R. 32.1, 42.3(c); see also Cornett
v. Williams, No. 10-19-00141-CV, 2019 Tex. App. LEXIS 4851, at *1 (Tex. App.—Waco June
12, 2019, no pet.) (mem. op.) (dismissing case for failure to file docketing statement).
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Davis1
Appeal dismissed
Opinion delivered and filed July 14, 2021
[CV06]
1
The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals sitting by assignment of
the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003.
Wood v. Mr. Appliance LLC Page 2