Court of Appeals Tenth Appellate District of Texas 10-25-00306-CV

Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy, Appellants v. Kalmbach Feeds, Inc., Weisman Young & Ruemenapp, PC, Paul Kalmbach, Jr. Stefan McDaniel, Howard B. Young, Jr., Stoney Livengood, and Lexi Hernandez, Appellees

On appeal from the 85th District Court of Brazos County, Texas Judge Kyle Hawthorne, presiding Trial Court Cause No. 25-001734-CV-85 JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION Appellants, Thomas Moore Feeds, LLC, Matthew Moore, and Matt McCurdy, appealed from a final judgment signed by the trial court on August 22, 2025. On August 29, 2025, Appellants were notified that the filing fee was due on or before Monday, September 8, 2025, and that a docketing statement was required to be completed and returned to this Court by Monday, September 8, 2025. The filing fee was not paid and the required docketing statement was not received. See TEX. R. APP. P. 5, 32.1. By letter dated September 11, 2025, the Clerk of this Court notified Appellants that the filing fee had not been paid and that if the fee was not paid before Monday, September 22, 2025, the appeal would be dismissed. By letter also dated September 11, 2025, the Clerk of this Court notified Appellants that the docketing statement had not been filed and warned them that the Court may dismiss the appeal without further notice if a docketing statement was not filed on or before Monday, September 22, 2025. See TEX. R. APP. P. 42.3(c).

As of the date of this opinion, the filing fee has not been paid and we have not received the docketing statement, nor have we received any request for an extension of time to pay the filing fee or to file the docketing statement.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5, 32.1, 42.3(c).

STEVE SMITH Justice OPINION DELIVERED and FILED: October 9, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06

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