Automated Summary
Key Facts
The appeal was dismissed for want of prosecution after appellants Unico Commodities LLC and Riccardo Valentini failed to pay the appellate filing fee, establish indigence, and file an appellate brief within required deadlines. The court directed them to pay fees by September 29, 2025, and submit a brief by December 21, 2025, but no response or filings were received.
Holdings
The appeal is dismissed for want of prosecution due to the failure to pay the appellate filing fee and failure to file a brief, as per TEX. R. APP. P. 38.8(a), 42.3(b)-(c), 43.2(f).
Remedies
- Any pending motions are dismissed as moot.
- The appeal is dismissed for want of prosecution. Any pending motions are dismissed as moot.
Legal Principles
The appeal was dismissed for want of prosecution due to failure to pay appellate filing fees and failure to file an appellate brief, as outlined in Texas Rules of Appellate Procedure 42.3(b)-(c) and 38.8(a).
Cited Statute
- Texas Rules of Appellate Procedure
- Texas Government Code
Judge Name
- Justice Rivas-Molloy
- Justice Morgan
- Justice Guiney
Passage Text
- Appellants Unico Commodities LLC and Riccardo Valentini filed their notice of appeal on July 31, 2025. Appellants did not pay their appellate filing fee or establish indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV'T CODE §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, FeesCharged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, and in the Business Court, Misc. Docket No. 24-9047 (Tex. July 26, 2024), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in courts of appeals). The Clerk of this Court notified appellants that unless they paid the appellate filing fee by September 29, 2025, their appeal could be dismissed. See TEX. R. APP. P. 42.3(b). To date, appellants have not responded to the Clerk's notice, nor paid the appellate filing fee or established indigence for purposes of appellate costs.
- Also, appellants failed to file a brief. See TEX. R. APP. P. 38.6(a), 38.8(a). On December 11, 2025, the Clerk of this Court notified appellants that their appellate brief was past due, and their appeal was subject to dismissal. See TEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f). We directed appellants to file their brief and a motion requesting an extension to file the brief within 10 days of our notice. Appellants did not respond. See TEX. R. APP. P. 42.3(b), (c).
- We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b)-(c), 43.2(f). Any pending motions are dismissed as moot.