Adolfo Pedro Vivas V Zinc Point Manufacturing Inc And Baron Global

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Automated Summary

Key Facts

The appeal was dismissed for want of prosecution because Appellant Adolfo Pedro Vivas failed to pay the filing fee for the appeal and the required clerk's record fee. On October 13, 2025, the notice of appeal was filed, but the filing fee remained unpaid. A warning was issued on November 18, 2025, stating the appeal would be dismissed if the fee was not paid by December 1, 2025. The District Clerk also notified the Court on October 27, 2025, that the clerk's record was not prepared due to unpaid fees. Appellant neither paid the fees nor explained the non-payment, leading to dismissal under Tex. R. App. P. 42.3(c) and 43.2(f). The opinion was submitted on January 21, 2026, and delivered on January 22, 2026.

Issues

  • The clerk's record was not filed because Appellant neither paid the preparation fee nor established indigent status, resulting in dismissal under Tex. R. App. P. 37.3(b).
  • Appellant failed to pay the required filing fee for the appeal, leading to dismissal under Tex. R. App. P. 42.3(c) for want of prosecution.

Holdings

The court dismissed the appeal for want of prosecution due to the appellant's failure to pay the required filing fee and to arrange payment for the clerk's record, as mandated by Tex. R. App. P. 42.3(c) and 43.2(f).

Remedies

The appeal was dismissed for want of prosecution as the appellant failed to pay the filing fee and did not make arrangements for the clerk's record, in accordance with Tex. R. App. P. 42.3(c) and 43.2(f).

Legal Principles

The court applied procedural rules regarding the payment of filing fees and the timely submission of the clerk's record, ultimately dismissing the appeal for want of prosecution under Tex. R. App. P. 42.3(c) and 43.2(f).

Cited Statute

Texas Rules of Appellate Procedure

Judge Name

  • Wright
  • Golemon
  • Johnson

Passage Text

  • Appellant has not paid the filing fee for the appeal, nor has he explained why he has not paid the fee for the clerk's record; therefore, we dismiss the appeal for want of prosecution.
  • Appellant has failed to pay the filing fee as directed by this Court.