Carmen Del Aguila v. Mark J. Fields Revocable Trust

• Court: Court of Appeals of Texas
• Decided: August 31, 2020
• Docket: 09-20-00050-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00050-CV __________________

CARMEN DEL AGUILA, Appellant

V.

MARK J. FIELDS REVOCABLE TRUST, Appellee __________________________________________________________________

On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. CV15,430 __________________________________________________________________

MEMORANDUM OPINION

Carmen Del Aguila appealed from a judgment signed on November 13, 2019.

On June 29, 2020, we notified the parties that the clerk’s record had not been filed

due to appellant’s failure to pay, or to arrange to pay, the District Clerk’s fee for

preparing the clerk’s record. The notice also warned appellant that the appeal would

be dismissed for want of prosecution unless she established that she paid the fee or

needed additional time to do so. Appellant did not respond to this Court’s notice.

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

that she is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1.

There being no satisfactory explanation for the failure to file the clerk’s record, we

dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); Tex. R.

App. P. 42.3.

APPEAL DISMISSED.

PER CURIAM

Submitted on August 24, 2020 Opinion Delivered August 31, 2020

Before Kreger, Horton, and Johnson, JJ.