Sheba D. Muharib and Aable Financial Group, Inc. v. Centra 417 San Jacinto Partners, LLC Centra Capital Investments, LLC, David Hecht and Robert A. Schlanger
Docket 01-25-00953-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
- 01-25-00953-CV
Appeal from the 133rd District Court, Harris County, Texas, concerning a civil case (trial court case no. 2024-28050).
Summary
The First District of Texas dismissed this civil appeal because the appellants failed to pay or arrange payment for the clerk’s record and did not respond to the court’s notice that the appeal was subject to dismissal. The court concluded appellants’ inaction constituted lack of prosecution and dismissed the appeal, also denying as moot any outstanding motions. The decision was issued as a short per curiam memorandum opinion.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution due to appellants’ failure to pay or arrange payment for the clerk’s record.
- Whether dismissal is appropriate after appellants failed to respond to the court's notice regarding dismissal.
Court's Reasoning
Texas Rule of Appellate Procedure 37.3(b) requires payment or arrangements for the clerk’s record; the appellants neither paid nor arranged payment. The court notified appellants that the appeal was subject to dismissal and they failed to respond, so under the appellate rules the court dismissed the appeal for want of prosecution. Pending motions were moot once the appeal was dismissed.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 37.3(b), 42.3(b)(c)
Parties
- Appellant
- Sheba D. Muharib
- Appellant
- Aable Financial Group, Inc.
- Appellee
- Centra 417 San Jacinto Partners, LLC
- Appellee
- Centra Capital Investments, LLC
- Appellee
- David Hecht
- Appellee
- Robert A. Schlanger
- Judge
- Per Curiam (Justices Rivas-Molloy, Johnson, and Dokupil)
Key Dates
- Opinion issued
- 2026-04-30
What You Should Do Next
- 1
Consult appellate counsel immediately
Appellants should contact an appellate attorney to evaluate options for seeking reinstatement or filing a motion for rehearing or for extension, and to determine if a timely motion for reinstatement is available under the appellate rules.
- 2
Confirm payment obligations and deadlines
If reinstatement is sought, be prepared to pay the required clerk’s record fees or show promptly that arrangements were made and provide evidence to the court.
- 3
Consider procedural motions
If reinstatement is not possible, consider whether any postjudgment remedies remain in the trial court or whether a new timely appeal can be filed, and act quickly to preserve rights.
Frequently Asked Questions
- What does this decision mean?
- The appellate court ended the appeal because the appellants failed to pay for the clerk’s record and did not respond to the court’s notice, so the appeal will not proceed.
- Who is affected by this dismissal?
- The appellants, Sheba D. Muharib and Aable Financial Group, Inc., are directly affected; the appellees will no longer face this appeal unless it is reopened or restarted by appropriate means.
- Can the appellants fix this and continue the appeal?
- Possibly, but they would need to seek relief from the appellate court—such as a motion to reinstate or request for extension—showing good cause for the failure and any payment or arrangements; success is not guaranteed.
- What happened to other motions in the case?
- All pending motions were dismissed as moot because the court dismissed the appeal.
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 30, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00953-CV
———————————
SHEBA D. MUHARIB AND AABLE FINANCIAL GROUP, INC., Appellants
V.
CENTRA 417 SAN JACINTO PARTNERS, LLC, CENTRA CAPITAL
INVESTMENTS, LLC, DAVID HECHT, AND ROBERT A. SCHLANGER,
Appellees
On Appeal from the 133rd District Court
Harris County, Texas
Trial Court Case No. 2024-28050
MEMORANDUM OPINION
Appellants have neither paid nor made arrangements to pay the fee for
preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). After being notified that
this appeal was subject to dismissal, appellants failed to respond. See TEX. R. APP.
P. 37.3(b), 42.3(b) (c). Accordingly, we dismiss the appeal for want of prosecution.
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
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