Kenneth H. Archibald and Archibald & Associates, Inc. v. El Paso Orthopaedic Surgery Group, P.A. and Brett Henderson

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § KENNETH H. ARCHIBALD and No. 08-25-00166-CV ARCHIBALD & ASSOCIATES, INC., § Appeal from the Appellants, § 41st District Court v. § of El Paso County, Texas EL PASO ORTHOPAEDIC SURGERY § GROUP, P.A. and BRETT HENDERSON, (TC# 2015DCV2669) M.D., § Appellees. § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed. See Tex. R. App. P. 42.3.

On June 17, 2025, the Clerk of this Court sent Appellants Kenneth H. Archibald and Archibald & Associates, Inc. a letter requesting payment of the required filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless a party is excused by statute or by appellate rule from paying costs). The letter notified Appellants that the appeal would be subject to dismissal on or after June 28, 2025, if they failed to pay the filing fee or failed to show an excuse from payment. See Tex. R. App. P. 42.3(c) (authorizing an appellate court to dismiss an appeal where an appellant fails to comply with a notice from the clerk requiring a response or other action within a specified time).

As of this date, Appellants have not paid the filing fee or otherwise shown an excuse from payment. Accordingly, we dismiss this appeal. See Tex. R. App. P. 5, 42.3(c). All pending motions are denied as moot.

MARIA SALAS MENDOZA, Chief Justice July 8, 2025 Before Salas Mendoza, C.J., Palafox and Soto, JJ.