Amy Anne Shouldice v. Christine Elizabeth Van Hamersveld and John D. Thompson, Jr.

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-18-00355-CV

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AMY ANNE SHOULDICE, Appellant V.

CHRISTINE ELIZABETH VAN HAMERSVELD AND JOHN D.

THOMPSON JR., Appellees

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On Appeal from the County Court at Law No. 2 Montgomery County, Texas

Trial Cause No. 17-35611-P

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MEMORANDUM OPINION

On November 29, 2018, the trial court found that Appellant, Amy Anne Shouldice, can afford to pay costs for the appeal. She did not file a motion for appellate review of the trial court’s ruling. See generally Tex. R. Civ. P. 145(g). On January 10, 2019, the trial court clerk notified this Court that Appellant had not paid for the record, and we warned the parties that unless we received the clerk’s record

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by February 8, 2019, the appeal would be dismissed without further notice. See Tex. R. App. P. 37.3(b). On February 11, 2019, the trial court clerk notified this Court that Appellant has not paid the cost for the record. The appeal is dismissed for want of prosecution. See id; see also Tex. R. App. P. 42.3. 1 APPEAL DISMISSED.

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CHARLES KREGER

Justice

Submitted on February 20, 2019 Opinion Delivered February 21, 2019

Before McKeithen, C.J., Kreger, and Johnson, JJ.

1 On November 2, 2018, Christine Elizabeth Van Hamersveld and John D.

Thompson Jr. filed a notice of appeal from the trial court’s July 19, 2018 Order Granting Applicant’s Motion for Summary Judgment as to Undue Influence. They neither paid for a record to be prepared nor requested that the appeal continue as to their cross-appeal.