CourtListener 10778395•Adolfo Pedro Vivas v. Zinc Point Manufacturing, Inc. and Baron Global Distributors LLC
Adolfo Pedro Vivas v. Zinc Point Manufacturing, Inc. and Baron Global Distributors LLC
CourtListener 10778395Txctapp922 de jan. de 2026
Texto completo
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-25-00383-CV
__________________
ADOLFO PEDRO VIVAS, Appellant
V.
ZINC POINT MANUFACTURING, INC. AND BARON GLOBAL
DISTRIBUTORS LLC, Appellees
__________________________________________________________________
On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 25-05-07578
__________________________________________________________________
MEMORANDUM OPINION
On October 13, 2025, Adolfo Pedro Vivas filed a notice of appeal from an
order denying his special appearance. Upon receiving the notice of appeal from
Appellant, the Clerk of the Court issued an invoice for the filing fee for the appeal.
By letter dated November 18, 2025, we notified the parties that Appellant had not
paid the filing fee as directed in our letter and invoice previously forwarded to
Appellant. A Certified Bill of Costs for the filing fee was enclosed and provided to
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Appellant. We warned Appellant in our letter dated November 18, 2025, that unless
the filing fee was paid, the appeal would be dismissed without further notice on any
date after Monday, December 1, 2025. See Tex. R. App. P. 42.3(c). As of this date,
Appellant has failed to pay the filing fee as directed by this Court.
On October 27, 2025, the District Clerk notified the Court that Appellant had
failed to pay or to make the arrangements necessary for the District Clerk to prepare
the clerk’s record. We notified the parties that Appellant had not established indigent
status, and that the clerk’s record had not been filed due to Appellant’s failure to pay
or to arrange to pay the fee required to prepare the clerk’s record. We warned
Appellant that the appeal would be dismissed for want of prosecution unless
Appellant established that he had made the arrangements required to pay the fee or
that he needed more time to do so. See id. 37.3(b). After the Clerk of this Court sent
the parties a letter warning of the consequences of a failure to take the action
necessary to file the clerk’s record, the Court did not receive a response.
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. Id. 5, 42.3(c), 43.2(f).
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APPEAL DISMISSED.
PER CURIAM
Submitted on January 21, 2026
Opinion Delivered January 22, 2026
Before Golemon, C.J., Johnson and Wright, JJ.
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