Stephen Goodman v. Steve Harvey and Fired Pizzas, LLC
CourtTexas Court of Appeals, 13th District
Date FiledAugust 6, 2026
Docket13-26-00417-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00417-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
STEPHEN GOODMAN, Appellant,
v.
STEVE HARVEY AND FIRED
PIZZAS, LLC, Appellee.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 1
OF TRAVIS COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Chief Justice Tijerina
On April 17, 2026, appellant filed a notice of appeal attempting to appeal an order
or judgment in trial court cause number C-1-CV-25-005509.1 On April 21, 2026, the Clerk
of the Court requested that appellant pay the $205.00 filing fee. On June 29, 2026, the
Clerk of the Court again requested that appellant pay the $205.00 filing fee within ten
days. See TEX. R. APP. P. 5 (“A party who is not excused by statute or these rules from
paying costs must pay—at the time an item is presented for filing—whatever fees are
required by statute or Supreme Court order. The appellate court may enforce this rule by
any order that is just.”); TEX. GOV’T CODE § 51.207 (delineating the required fees and costs
in an appellate court). Appellant was further notified that if the filing fee was not paid within
10 days, the appeal would be dismissed. See TEX. R. APP. P. 42.3(c).
Also on July 10, 2026, the Clerk of the Court notified appellant that his brief was
past due. Appellant was further notified that if appellant failed to reasonably explain the
failure, the appeal would be dismissed for want of prosecution. See id. R.38.8(a)(1),
42.3(c).
To date, appellant has failed to pay the filing fee for the notice of appeal, failed to
file a brief, and has failed to respond to the clerk’s notices. This Court has the authority
to dismiss an appeal because the appellant has failed to comply with a requirement of the
appellate rules, a court order, or a notice from the clerk requiring a response or other
action within a specified time. See id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521
1 This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket-
equalization order issued by the Supreme Court of Texas. See Tex Gov’t Code §§ 22.220(a) (delineating
the jurisdiction of appellate courts), 73.001 (granting the supreme court the authority to transfer cases from
one court of appeals to another at any time that there is “good cause” for the transfer). We are bound by
the precedent of the transferring court to the extent that it differs from our own. See Tex. R. App. P. 41.3.
2
S.W.3d 75, 76 (Tex. App.—San Antonio 2017, no pet.). Here, appellant has not paid the
requisite filing fee, nor filed a brief, nor responded to other notices as required.
Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3(b),
(c).
JAIME TIJERINA
Chief Justice
Delivered and filed on the
6th day of August, 2026.
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