Dean Cory Roblin v. Deborah Susan Briggs

Court of Appeals of Texas·Decided June 9, 2011·No. 13-10-00092-CV·Published

Opinion

                                      NUMBERS 13-09-00402-CV

                                                          13-09-00678-CV

                                                           13-09-00679-CV

                                                           13-10-00091-CV

                                                           13-10-00092-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

DEAN CORY ROBLIN,                                                                  Appellant,

                                                             v.

DEBORAH SUSAN BRIGGS,                                                        Appellee.

                    On Appeal from the County Court at Law No. 1

                                  of Montgomery County, Texas.

                                MEMORANDUM OPINION

     Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

            Appellant, Dean Cory Roblin, in appellate cause numbers, 13-09-00402-CV, 13-09-00678-CV, 13-09-00679-CV, 13-10-00091-CV, and 13-10-00092-CV, appealed a judgment entered by the County Court at Law No. 1 of Montgomery, County.  In all five causes, Roblin filed an affidavit of indigence with this Court.  However, on October 28, 2010, in Roblin v. Briggs, No. 13-09-00475-CV, 2010 Tex. App. LEXIS 8655, at *12 (Tex.–Corpus Christi Oct. 28, 2010, no pet.) (mem. op.), this Court concluded that Roblin had not met his burden of showing that he was indigent; and therefore Roblin was not entitled to a free record.

            On May 16, 2011, the Clerk of this Court notified Roblin, in accordance with Texas Rules of Appellate Procedure 42.3(c), that we would dismiss his appeals unless the $175.00 filing fees were paid.  See Tex. R. App. P. 42.3(c).  Roblin responded to the notice from the Clerk; however, he has not cured the defect by paying the $175.00 filing fee in each cause.  See id 5, 12.1(b).

            The Court, having considered the documents on file and Roblin’s failure to pay the filing fee, is of the opinion that the appeals should be dismissed.  See id. 42.3(b), (c).  Accordingly, the appeals in cause numbers 13-09-00402-CV, 13-09-00678-CV, 13-09-00679-CV, 13-10-00091-CV, and 13-10-00092-CV are dismissed for want of prosecution.        

                                                                                    PER CURIAM

Delivered and filed the

 9th day of June, 2011.

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