Timothy R. Rax v. Braeburn Valley West Civic Association, Inc.
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJuly 7, 2026
Docket01-26-00201-CV
StatusPublished
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Full Opinion
Opinion issued July 7, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00201-CV
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TIMOTHY R. RAX, Appellant
V.
BRAEBURN VALLEY WEST CIVIC ASSOCIATION, INC., Appellee
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Case No. 2025-47768
MEMORANDUM OPINION
This is an appeal from a final judgment signed October 27, 2025. Appellant
Timothy R. Rax has not paid the fee for the clerk’s record or the required filing fee
and has not established indigence for purposes of appellate costs. See TEX. R. APP.
P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed
due to appellant’s fault); see also TEX. GOV’T CODE §§ 51.207, 51.208, 51.851(b),
51.941(a); Order Regarding 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), reprinted
in TEX. R. APP. P. app. A § B(1) (listing fees in courts of appeals).
Appellant failed to respond to our notices of March 24, 2026 (non-payment
of filing fee) and April 7, 2026 (non-payment for clerk’s record), which advised
appellant that, should he not pay the fee for the clerk’s record or the filing fee or
establish indigence, this appeal was subject to dismissal. See TEX. R. APP. P. 5
(allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk’s
record filed due to appellant’s fault), 42.3(c) (allowing involuntary dismissal of
case). Appellant has not responded to this Court’s notices.
We dismiss the appeal. See TEX. R. APP. P. 42.3, 43.2(f). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Caughey, Johnson, and Dokupil.
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