2010 Dodge Pickup Truck, 4 Door VIN: 1D7RB1CP3AS181557 (Kandace Harris) v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 23, 2024
• Docket: 09-24-00112-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00112-CV __________________

2010 DODGE PICKUP TRUCK, 4 DOOR VIN: 1D7RB1CP3AS181557 (KANDACE HARRIS), Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 1st District Court Newton County, Texas Trial Cause No. CV23-15186 __________________________________________________________________

MEMORANDUM OPINION

On February 14, 2024, the trial court signed a judgment of forfeiture to the

State on 2010 Dodge Pickup Truck, 4 Door VIN: 1D7RB1CP3AS181557. Kandace

Harris filed a notice of appeal but she did not pay the filing fee for the appeal. On

April 25, 2024, we notified the parties that the Appellant had not remitted the filing

fee, and we warned the Appellant that the appeal would be dismissed without further

notice unless the filing fee was paid by May 10, 2024.

1 On April 17, 2024, the District Clerk notified the Court that the Appellant had

failed to pay or to make the arrangements necessary for the District Clerk to prepare

the clerk’s record. Consequently, we notified the parties that the Appellant had not

established indigent status, that the clerk’s record had not been filed due to the

Appellant’s failure to pay or to arrange to pay the fee required to prepare the clerk’s

record. We also warned the Appellant that the appeal would be dismissed for want

of prosecution unless by May 15, 2024, the Appellant established that she had made

the arrangements required to pay the fee or that she needed more time to do so. See

Tex. R. App. P. 37.3(b). After the Clerk 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.

In the absence of a satisfactory explanation that justifies the Appellant’s

failure to pay the filing fee for the appeal and her failure to pay or make the

arrangements needed to pay for the clerk’s record to support her appeal, we dismiss

the appeal for want of prosecution. See id. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 22, 2024 Opinion Delivered May 23, 2024

Before Horton, Johnson and Wright, JJ.