Aubry Tolbert v. Montgomery County

• Court: Court of Appeals of Texas
• Decided: September 1, 2016
• Docket: 09-16-00226-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00226-CV ____________________

AUBRY TOLBERT, Appellant

V.

MONTGOMERY COUNTY, Appellee _______________________________________________________ ______________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 15-08-08795-CV ________________________________________________________ _____________

MEMORANDUM OPINION

Appellant, Aubry Tolbert, filed a notice of appeal from the trial court’s

judgment dated April 21, 2016. The trial court clerk notified the Court of Appeals

that Tolbert was not entitled to appeal without paying fees, and that Tolbert neither

paid for nor made arrangements to pay for preparing the record. On July 20, 2016,

we notified the parties that the appeal would be dismissed if Tolbert failed to pay

for a record. On July 21, 2016, we notified the parties that the appeal would be

1 dismissed unless Tolbert remitted the filing fee for the appeal. Tolbert has not

responded to this Court’s notices.

Appellant did not file an affidavit of indigence on appeal and has not shown

that he is entitled to proceed without paying costs. See Tex. R. App. P. 20.1.

Although given an opportunity to cure, Tolbert failed to make arrangements to pay

for a record supporting any issues that he desires to raise in his appeal. See Tex. R.

App. P. 37.3(b). Furthermore, Tolbert has not responded to our notices. See Tex. R.

App. P. 42.3(c). We dismiss Tolbert’s appeal for want of prosecution. See Tex. R.

App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on August 31, 2016 Opinion Delivered September 1, 2016

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