Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC v. Donna Savell and Matthew McCollum
CourtTexas Court of Appeals, 8th District (El Paso)
Date FiledJuly 31, 2026
Docket08-26-00275-CV
StatusPublished
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Full Opinion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
โโโโโโโโโโโโ
No. 08-26-00275-CV
โโโโโโโโโโโโ
Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC,
Appellants
v.
Donna Savell and Matthew McCollum, Appellees
On Appeal from the 22nd District Court
Hays County, Texas
Trial Court No. 23-1520
M E MO RA N D UM O PI NI O N
Appellants, Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC, filed
this interlocutory appeal of the trial courtโs amended temporary injunction, but neither paid the
filing fees nor established a right to proceed without payment of costs. See Tex. R. App. P. 5, 20.1;
see also Tex. Govโt Code Ann. ยงยง 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, Before the Judicial Panel
on Multi-District Litigation, and in the Business Court, Misc. Docket No. 24-9047 (Tex. July 26,
2024).
Under the Texas Rules of Appellate Procedure, the fees for appealing to a court of appeals
are due at the time a notice of appeal is presented to the appellate court for filing. See Tex. R.
App. P. 5. On April 9, 2026, before the appeal was transferred to this Court, the Clerk of the Third
Court of Appeals notified Appellants that this appeal could be dismissed if they failed to pay the
filing fees by April 20, 2026. Appellants neither paid the filing fees nor otherwise responded to
the Clerkโs notice.
On April 9, 2026, the Clerk of the Third Court of Appeals also notified Appellants that by
April 20, 2026, they must make arrangements with the trial court clerk for the clerkโs record and
that the appeal may be dismissed if they failed to do so. See Tex. R. App. P. 37.3(b); 42.3(c). On
April 22, 2026, the trial court clerk notified the Third Court of Appeals that Appellants had not
requested nor paid for the clerkโs record to be sent to the Court of Appeals. To date, no clerkโs
record has been filed.
We dismiss this appeal. See Tex. R. App. P. 5, 37.3(b), 42.3 (c).
MARIA SALAS MENDOZA, Chief Justice
July 31, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
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