D&Y Investments, LLC v. Double L Acquisitions, LLC
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledAugust 27, 2026
Docket09-26-00209-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00209-CV
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D&Y INVESTMENTS, LLC, Appellant
V.
DOUBLE L ACQUISITIONS, LLC, Appellee
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On Appeal from the 457th District Court
Montgomery County, Texas
Trial Cause No. 24-10-16154
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MEMORANDUM OPINION
D&Y Investments, LLC filed a notice of appeal from a final judgment signed
on March 3, 2026. On May 27, 2026, the Clerk notified the parties that the record
was due on July 1, 2026. On July 1, 2026, the trial court clerk notified this Court that
no payment arrangements for the record have been made. 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
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for want of prosecution unless Appellant established that it had made the
arrangements required to pay the fee or that it needed more time to do so. See Tex.
R. App. P. 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 explained why it has not paid the fee for the clerk’s record;
therefore, we dismiss the appeal for want of prosecution. Id. 42.3(c), 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on August 26, 2026
Opinion Delivered August 27, 2026
Before Golemon, C.J., Wright and Chambers, JJ.
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