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

• Court: Court of Appeals of Texas
• Decided: February 21, 2019
• Docket: 09-18-00355-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-18-00355-CV _________________

AMY ANNE SHOULDICE, Appellant

V.

CHRISTINE ELIZABETH VAN HAMERSVELD AND JOHN D. THOMPSON JR., Appellees ________________________________________________________________________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 17-35611-P ________________________________________________________________________

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

1 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.

________________________________ 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. 2