Johnny Gomez v. HTO EMP, LLC

Opinion filed August 7, 2025

In The

Eleventh Court of Appeals
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No. 11-25-00144-CV
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JOHNNY GOMEZ, Appellant
V.
HTO EMP, LLC, Appellee

On Appeal from the County Court at Law No. 2
Midland County, Texas
Trial Court Cause No. DCC-25-00001

MEMORANDUM OPINION
Appellant, Johnny Gomez, filed a pro se notice of appeal from the trial court’s
judgment. When the appeal was docketed, the clerk of this court notified Appellant
that the filing fee was due on or before June 5, 2025. Appellant did not pay the
fee, nor did he file a docketing statement. See TEX. R. APP. P. 5, 32.1. On June 9,
June 18, and June 26, we notified Appellant by letter that the fee and the docketing
statement were overdue, extended Appellant’s compliance dates, and informed him
that the failure to comply with these requirements may result in dismissal of the
appeal. See TEX. R. APP. P. 5, 42.3.
On July 15, the trial court clerk’s office and the court reporter each filed a
request for extension to file their respective records in this cause, stating that
Appellant has not submitted a request for preparation or a written designation for the
records, nor has he paid or made arrangements to pay for the records. On the same
day, we notified Appellant by letter that he must make payments and designations
for these records and informed him that the appeal may be dismissed if he failed to
do so by July 22. Appellant has informed this court that he does not wish to pursue
the appeal.
Because Appellant has failed to pay the required filing fee, failed to pay or
make arrangements to pay for the preparation of the clerk’s record, failed to comply
with this court’s directives, and notified this court that he no longer wishes to pursue
the appeal, we dismiss the appeal. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).

W. STACY TROTTER
JUSTICE

August 7, 2025
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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