Affordable Ready Mix.com and Grace Raven v. Rocket Materials, LLC D/B/A Rocket Ready-Mix
Docket 01-26-00120-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-26-00120-CV
Appeal from the 295th District Court of Harris County, Texas, dismissed for want of prosecution
Summary
The First District of Texas dismissed an appeal by Affordable Ready Mix.com and Grace Raven because they failed to establish indigence or pay the required appellate filing fee, and they did not respond to the Court's notice directing them to either pay or explain why they should not. The court cited Texas appellate rules and statutory fee provisions, concluded appellants did not comply with the Court's directive, and dismissed the appeal for want of prosecution. The court also dismissed any pending motions as moot.
Issues Decided
- Whether appellants had established indigence or paid the appellate filing fee as required by Texas law and appellate rules
- Whether the appeal should be dismissed for failure to respond to the court's notice regarding payment or indigence
Court's Reasoning
The court applied Texas Rule of Appellate Procedure 5 and related rules and statutes that require payment of appellate fees unless a party establishes indigence under Rule 20.1. The appellants were given notice that the appeal would be subject to dismissal unless they paid the fee or timely explained why they should not be required to pay, but they failed to respond. Because appellants did not comply with the court's directive, the court dismissed the appeal for want of prosecution and rendered pending motions moot.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 5, 20.1, 42.3(b)–(c), 43.2(f)
- Texas Government Code — Court FeesTEX. GOV'T CODE ANN. §§ 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 CourtMisc. Docket No. 24-9047 (Tex. July 26, 2024)
Parties
- Appellant
- Affordable Ready Mix.com
- Appellant
- Grace Raven
- Appellee
- Rocket Materials, LLC d/b/a Rocket Ready-Mix
- Judge
- Chief Justice Adams
- Judge
- Justice Guerra
- Judge
- Justice Guiney
Key Dates
- Opinion issued
- 2026-04-16
What You Should Do Next
- 1
Consult an attorney immediately
Get legal advice about whether you can move to reinstate the appeal, the applicable time limits, and the evidence required to establish excusable neglect or indigence.
- 2
Consider filing a motion to reinstate or for relief from dismissal
If permitted by Texas appellate rules, prepare and file a motion that explains the failure to pay or respond, includes any supporting documentation (e.g., proof of indigence), and is filed within the rule-specific deadline.
- 3
Comply with fee requirements if seeking reinstatement
Be prepared to pay the required appellate filing fee or demonstrate indigence under Rule 20.1 when seeking reinstatement to avoid another dismissal.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the appellants did not pay the required appellate filing fee and did not show they were indigent or otherwise explain why they should not pay.
- Who is affected by this decision?
- The appellants, Affordable Ready Mix.com and Grace Raven, are directly affected because their appeal was dismissed; the appellee is no longer defending against the appeal.
- What happens next in the underlying case?
- Because the appellate proceeding was dismissed for want of prosecution, the trial-court judgment remains in effect unless the appellants successfully seek to reinstate the appeal or obtain other relief.
- Can the appellants try to undo the dismissal?
- They may seek to reinstate the appeal or file a motion for reinstatement if authorized by the rules and within any applicable deadlines, but they should consult counsel promptly about available procedural options.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 16, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00120-CV
———————————
AFFORDABLE READY MIX.COM AND GRACE RAVEN, Appellants
V.
ROCKET MATERIALS, LLC D/B/A ROCKET READY-MIX, Appellee
On Appeal from the 295th District Court
Harris County, Texas
Trial Court Case No. 2024-26591
MEMORANDUM OPINION
Appellants Affordable Ready Mix.com and Grace Raven have neither
established indigence, nor paid their appellate filing fee. See TEX. R. APP. P. 5
(requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements
for establishing indigence); see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208,
51.851(b) (listing fees in court of appeals), 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), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in
court of appeals). Appellants were notified by the Court that this appeal would be
subject to dismissal—unless they timely informed the Court in writing as to why
they should not pay the appellate filing fee, or actually pay the fee. Appellants never
responded as requested by the Court. See TEX. R. APP. P. 5 (allowing enforcement
of rule); 42.3(b)–(c) (allowing involuntary dismissal of case), 43.2(f).
As a result, we dismiss this appeal for want of prosecution. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
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