Black Gold Texas Tea Oil LLC and Antonio E. Serna A/K/A Tony Serna v. Luis Garcia Individually and D/B/A Jireh Precision Machining
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 25, 2026
Docket01-26-00277-CV
StatusPublished
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Full Opinion
Opinion issued August 25, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00277-CV
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BLACK GOLD TEXAS TEA OIL LLC AND ANTONIO E. SERNA A/K/A
TONY SERNA, Appellants
V.
LUIS GARCIA, Appellee
On Appeal from the 127th District Court
Harris County, Texas
Trial Court Case No. 2024-40473
MEMORANDUM OPINION
Appellants Black Gold Texas Tea Oil LLC and Antonio E. Serna, also known
as Tony Serna, filed their notice of restricted appeal on March 20, 2026. 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, Fees Charged 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). The
Clerk of this Court notified appellants that unless they paid their appellate filing fee
by May 18, 2026, 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.
Appellants also did not pay, or make arrangements to pay, the fee for
preparing the clerk’s record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 34.1. We
notified appellants that their appeal could be dismissed for want of prosecution if the
clerk’s record was not filed. See TEX. R. APP. P. 37.3(a), (b). We directed appellants
to submit written evidence from the trial court clerk by July 1, 2026, reflecting they
paid, or made arrangements to pay, the fee for preparing the clerk’s record. To date,
appellants have not responded to this Court’s notice and the clerk’s record has not
been filed.
We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b),
42.3(b)–(c). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
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