David D. Myers Jr. v. Judith Ann Myers

• Court: Court of Appeals of Texas
• Decided: January 24, 2019
• Docket: 09-18-00405-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-18-00405-CV _________________

DAVID D. MYERS JR., Appellant

V.

JUDITH ANN MYERS, Appellee ________________________________________________________________________

On Appeal from the 418th District Court Montgomery County, Texas Trial Cause No. 16-12-14673-CV ________________________________________________________________________

MEMORANDUM OPINION

David D. Myers Jr. appeals from a judgment signed July 24, 2018. On

November 28, 2018, we notified the parties that the appeal would be dismissed for

want of prosecution unless the appellant remitted the filing fee for the appeal. By

separate letter on November 26, 2018, we notified the parties that the clerk’s record

had not been filed due to the 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 the 1 appellant that his appeal would be dismissed for want of prosecution unless he

established that he paid the fee or needed additional time to do so. None of the parties

filed a response. Accordingly, the appeal is dismissed for want of prosecution. See

Tex. R. App. P. 37.3(b); see also Tex. R. App. P. 42.3(b), (c).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on January 23, 2019 Opinion Delivered January 24, 2019

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