Belmont Franklin Group, LLC and Shandra Champagne v. Hannah Weaver

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 09-24-00192-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00192-CV __________________

BELMONT FRANKLIN GROUP, LLC AND SHANDRA CHAMPAGNE, Appellant

V.

HANNAH WEAVER, Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 24-02-02468-CV __________________________________________________________________

MEMORANDUM OPINION

On May 23, 2024, Belmont Franklin Group, LLC and Shandra Champagne

filed a notice of appeal from a judgment of the 457th District Court, signed on April

23, 2024. On June 24, 2024, the District Clerk notified the Court that the appellants

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 appellants

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

1 to the appellants’ failure to pay or to arrange to pay the fee required to prepare the

clerk’s record. We also warned the appellants that the appeal would be dismissed for

want of prosecution unless the appellants established that they had made the

arrangements required to pay the fee or that they 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 appellants’ failure

to pay or make the arrangements needed to pay for the clerk’s record to support their

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 August 28, 2024 Opinion Delivered August 29, 2024

Before Golemon, C.J., Johnson and Chambers, JJ.