Woodforest National Bank v. Relianse Group, LLC, Haresh Surti, and Anthony Iannarelli
Docket 09-26-00017-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 9th District (Beaumont)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 09-26-00017-CV
Appeal from a final judgment in Montgomery County district court (trial cause no. 24-09-15014)
Summary
The Ninth District Court of Appeals dismissed Woodforest National Bank's appeal from a final judgment because the bank failed to pay required filing fees and failed to arrange or pay for the clerk's record. The court repeatedly notified the appellant, sent invoices and a certified bill of costs, and warned the appeal would be dismissed if fees were not paid or arrangements made. The appellant did not respond or show indigency, so the court dismissed the appeal for want of prosecution under the applicable appellate rules.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution because the appellant failed to pay the required filing fee.
- Whether the appeal should be dismissed because the appellant failed to pay or make arrangements to pay for the clerk's record.
Court's Reasoning
The court relied on its appellate rules allowing dismissal when an appellant fails to timely pay required fees or arrange payment for the clerk's record. The clerk issued invoices and the court repeatedly notified the appellant and warned dismissal would follow absent payment or proof of indigency. Because the appellant neither paid nor demonstrated arrangements or need for more time, dismissal was appropriate.
Authorities Cited
- Texas Rules of Appellate ProcedureTex. R. App. P. 5, 37.3(b), 42.3(c), 43.2(f)
Parties
- Appellant
- Woodforest National Bank
- Appellee
- Relianse Group, LLC
- Appellee
- Haresh Surti
- Appellee
- Anthony Iannarelli
- Judge
- Per Curiam (Golemon, C.J., Wright and Chambers, JJ.)
Key Dates
- Final judgment signed
- 2025-10-16
- Notice of appeal filed
- 2026-01-09
- Court warning letter re: fees
- 2026-02-12
- District clerk notified court re: clerk's record
- 2026-02-17
- Opinion delivered / dismissal date
- 2026-04-30
- Opinion submitted
- 2026-04-29
What You Should Do Next
- 1
Consult appellate counsel immediately
An attorney can advise whether a motion to reinstate or other relief is available and prepare any required filings quickly, if permitted by the rules and timelines.
- 2
Review appellate rules and deadlines
Determine statutory or rule-based deadlines for motions to reinstate, motions for extension, or other remedies and act promptly to preserve rights.
- 3
Prepare supporting documentation
If seeking reinstatement, gather proof of payment, proof of attempted payment arrangements, or proof of indigency to present to the court as required.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the appellant did not pay required appellate fees or arrange payment for the clerk's record despite repeated warnings.
- Who is affected by this decision?
- Woodforest National Bank (the appellant) is affected because its appeal was dismissed; the appellees (Relianse Group, Haresh Surti, and Anthony Iannarelli) have the district court's judgment left intact unless further action is taken.
- What happens next for the appellant?
- The appellant may consider seeking reinstatement or other relief if permitted by the rules, but the dismissal remains in effect unless a successful motion to reinstate or other authorized remedy is filed.
- On what grounds was the appeal dismissed?
- The dismissal was based on the appellant's failure to pay the filing fee and failure to pay or arrange payment for the clerk's record after receiving invoices and court warnings under the appellate rules.
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
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-26-00017-CV
__________________
WOODFOREST NATIONAL BANK, Appellant
V.
RELIANSE GROUP, LLC, HARESH SURTI, AND ANTHONY
IANNARELLI, Appellees
__________________________________________________________________
On Appeal from the 457th District Court
Montgomery County, Texas
Trial Cause No. 24-09-15014
__________________________________________________________________
MEMORANDUM OPINION
On January 9, 2026, Woodforest National Bank filed a notice of appeal from
a final judgment signed on October 16, 2025. Upon receiving the notice of appeal
from Appellant, the Clerk of the Court issued an invoice for the filing fee for the
appeal. By letter dated February 12, 2026, we notified the parties that Appellant had
not paid the filing fee as directed in our letter and invoice previously forwarded to
Appellant. A Certified Bill of Costs for the filing fee was enclosed and provided to
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Appellant. We warned Appellant in our letter dated February 12, 2026, that unless
the filing fee was paid, the appeal would be dismissed without further notice on any
date after Monday, February 23, 2026. See Tex. R. App. P. 42.3(c). As of this date,
Appellant has failed to pay the filing fee as directed by this Court.
On February 17, 2026, the District Clerk notified the Court that Appellant had
failed to pay or to make the arrangements necessary for the District Clerk to prepare
the clerk’s record. 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 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 id. 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 paid the filing fee for the appeal, nor has Appellant
explained why it has not paid the fee for the clerk’s record; therefore, we dismiss the
appeal for want of prosecution. Id. 5, 42.3(c), 43.2(f).
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APPEAL DISMISSED.
PER CURIAM
Submitted on April 29, 2026
Opinion Delivered April 30, 2026
Before Golemon, C.J., Wright and Chambers, JJ.
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