Carolyn R. Gibson v. Gambrell Leasing, LLC

• Court: Court of Appeals of Texas
• Decided: June 2, 2016
• Docket: 09-16-00059-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00059-CV ____________________

CAROLYN R. GIBSON, Appellant

V.

GAMBRELL LEASING, LLC, Appellee ________________________________________________________________________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 15-29211 ________________________________________________________________________

MEMORANDUM OPINION

The notice of appeal was filed with the trial court on February 24, 2016. To

date, despite written notices from this Court and an opportunity to cure, the

appellant has neither established indigence nor paid the appellate filing fee. See

Tex. R. App. P. 5, 20.1. In addition, no clerk’s record has been filed. The clerk

responsible for preparing the record in this appeal informed the Court that the

appellant did not make arrangements to pay for the record. On April 20, 2016, we

notified the parties that the appeal would be dismissed for want of prosecution

1 unless arrangements were made for filing the record or the appellant explained

why additional time was needed to file the record. Appellant did not respond to the

Court’s notices.

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 pay the filing fee for the

appeal, and 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.

________________________________ CHARLES KREGER Justice

Submitted on June 1, 2016 Opinion Delivered June 2, 2016

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