What did the court decide?

The court dismissed the appeal because the appellants did not pay required appellate fees or show they were indigent and failed to respond to the court's notice.

Who is affected by this decision?

The appellants—Star Construction Services, Sandra Scherer, and Robert Scherer—are affected because their appeal was dismissed; the appellee, JVH Interest, Inc., benefits since the appeal will not proceed.

What happens next after dismissal?

Because the appeal was dismissed for want of prosecution, the trial-court judgment remains in place unless appellants can obtain relief from the appellate court, such as by motion for reinstatement or other post-dismissal relief.

Can this dismissal be appealed?

Appellants may seek reinstatement or other relief from the appellate court if they can show payment of fees, establish indigence, or present good cause; procedures and deadlines in the Texas Rules of Appellate Procedure will govern any such request.

Star Construction Services, Inc., Sandra Scherer, D/B/A Star Construction Services and Individually, and Robert Scherer v. JVH Interest, Inc.

Docket 01-26-00133-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 01-26-00133-CV

Appeal from the County Civil Court at Law No. 3, Harris County, Texas, dismissed by the Court of Appeals for nonpayment of required fees and failure to prosecute.

Summary

The First District of Texas dismissed Star Construction Services, Sandra Scherer (d/b/a Star Construction Services), and Robert Scherer’s appeal because the appellants neither established indigence nor paid required appellate fees and failed to respond to the court’s notice. The court cited Texas rules and statutes governing fee payment and its authority to dismiss for nonpayment and failure to prosecute. Because appellants did not timely explain why they should not pay or actually pay the fees, the court dismissed the appeal and denied as moot any pending motions.

Issues Decided

Whether the appeal should be dismissed for failure to pay required appellate fees or to establish indigence under Texas rules.
Whether the court could dismiss the appeal for want of prosecution after appellants failed to respond to the court's notice regarding fee payment.

Court's Reasoning

The court relied on Texas appellate and civil rules and statutes that require payment of fees in civil appeals unless a party establishes indigence. The appellants were notified that the appeal could be dismissed unless they paid the fees or explained why they should not be required to pay, but they did not respond. Under the applicable rules, the court has authority to dismiss an appeal for nonpayment and failure to prosecute, so the appeal was dismissed and pending motions were rendered moot.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 5, 20.1, 34.1, 37.3, 42.3
Texas Rules of Civil ProcedureTEX. R. CIV. P. 145
Texas Government CodeTEX. GOV'T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a)

Parties

Appellant: Star Construction Services, Inc.
Appellant: Sandra Scherer d/b/a Star Construction Services
Appellant: Robert Scherer, Individually
Appellant: Sandra Scherer, Individually
Appellee: JVH Interest, Inc.
Judge: Chief Justice Adams
Judge: Justice Guerra
Judge: Justice Guiney

Key Dates

Opinion issued: 2026-04-23

What You Should Do Next

1
Consider filing a motion for reinstatement
Appellants should consult counsel about promptly filing a motion to reinstate the appeal under the Texas Rules, demonstrating payment of required fees or newly established indigence and explaining the reasons for the earlier failure to respond.
2
Pay outstanding fees or establish indigence
If possible, pay the appellate fees immediately or prepare and file the required documentation to establish indigence under Texas Rule of Appellate Procedure 20.1 to support a reinstatement request.
3
Consult an appellate attorney
Engage an attorney experienced in Texas appellate practice to confirm deadlines, prepare any required motions, and represent appellants in seeking relief from the dismissal.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the appellants did not pay required appellate fees or show they were indigent and failed to respond to the court's notice.
Who is affected by this decision?: The appellants—Star Construction Services, Sandra Scherer, and Robert Scherer—are affected because their appeal was dismissed; the appellee, JVH Interest, Inc., benefits since the appeal will not proceed.
What happens next after dismissal?: Because the appeal was dismissed for want of prosecution, the trial-court judgment remains in place unless appellants can obtain relief from the appellate court, such as by motion for reinstatement or other post-dismissal relief.
Can this dismissal be appealed?: Appellants may seek reinstatement or other relief from the appellate court if they can show payment of fees, establish indigence, or present good cause; procedures and deadlines in the Texas Rules of Appellate Procedure will govern any such request.

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 23, 2026




                                      In The

                               Court of Appeals
                                      For The

                          First District of Texas
                             ————————————
                               NO. 01-26-00133-CV
                            ———————————
 STAR CONSTRUCTION SERVICES, INC., SANDRA SCHERER D/B/A
      STAR CONSTRUCTION SERVICES, ROBERT SCHERER
INDIVIDUALLY, AND SANDRA SCHERER INDIVIDUALLY, Appellants
                                         V.
                        JVH INTEREST, INC., Appellee


             On Appeal from the County Civil Court at Law No. 3
                           Harris County, Texas
                       Trial Court Case No. 1225816


                          MEMORANDUM OPINION

      Appellants Star Construction Services, Inc., Sandra Scherer doing business as

Star Construction Services, Robert Scherer, Individually, and Sandra Scherer

Individually, have neither established indigence, nor paid all the required fees. See
TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1

(listing requirements for establishing indigence), 34.1; see also TEX. R. CIV. P. 145;

see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a) (listing

fees in court of appeals); 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 fees, or

actually pay the fees. See TEX. R. APP. P. 37.3(a), (b), 42.3(b). Appellants never

responded as requested by the Court. See TEX. R. APP. P. 5 (allowing enforcement

of rule); 42.3(c) (allowing involuntary dismissal of case).

      As a result, we dismiss this appeal for want of prosecution due to the

nonpayment of all required fees. See TEX. R. APP. P. 37.3(b), 42.3(b)–(c).

      We dismiss any pending motions as moot.

                                  PER CURIAM

      Panel consists of Chief Justice Adams and Justices Guerra and Guiney.




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