The Texas Court of Appeals has dismissed an appeal involving Brett Mundy, Jumping Jack, LLC, and McCollum-Savell Holdings, LLC. The court ruled that the appellants did not pay the required filing fees or establish their right to proceed without payment. This decision affects the parties involved and highlights the importance of adhering to procedural rules in legal cases.
The case, docketed as 08-26-00275-CV, was filed on July 31, 2026. It originated from the 22nd District Court in Hays County, Texas. The dispute arose when the appellants sought an interlocutory appeal regarding an amended temporary injunction issued by the trial court. However, they failed to meet the necessary requirements to proceed with their appeal.
The appellants, Brett Mundy and the two LLCs, Jumping Jack and McCollum-Savell Holdings, filed their appeal but did not pay the required fees. According to the Texas Rules of Appellate Procedure, fees for appealing to a court of appeals must be paid at the time the notice of appeal is filed. The court noted that the appellants were informed by the Clerk of the Third Court of Appeals that their appeal could be dismissed if the fees were not paid by April 20, 2026. Despite this warning, the appellants did not respond or make the necessary payments.
In the court's memorandum opinion, Chief Justice Maria Salas Mendoza stated, "We dismiss this appeal" due to the appellants' failure to pay the filing fees and arrange for the clerk's record. The court also highlighted that the trial court clerk had notified the Third Court of Appeals that the appellants had not requested or paid for the clerk's record to be sent. Without this record, the court could not proceed with the appeal.
The dismissal of this appeal underscores the necessity for parties to comply with procedural rules when pursuing legal actions. The court's ruling serves as a reminder that failing to pay required fees can result in the dismissal of an appeal, regardless of the merits of the case itself.
This decision impacts the appellants, who now face the consequences of their inaction. They will not be able to challenge the trial court's decision regarding the temporary injunction unless they take further steps to rectify their failure to comply with the court's requirements.
Moving forward, the dismissal of this appeal sets a precedent for similar cases where parties fail to adhere to procedural rules. It emphasizes the importance of understanding and following the legal processes involved in filing an appeal. This ruling could influence how other appellants approach their cases, ensuring they meet all necessary requirements to avoid dismissal.
Details were not available in the court filing regarding whether the appellants plan to take further action or if they have any related cases pending. The court's dismissal leaves the door open for the appellants to address their procedural missteps, but it also serves as a cautionary tale for others involved in legal disputes.