Evangelina Knandel v. Michael Edghill and Shirelle Edghill

• Court: Court of Appeals of Texas
• Decided: July 25, 2024
• Docket: 13-23-00596-CV
• Status: Published

Opinion

NUMBER 13-23-00596-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

EVANGELINA KNANDEL, Appellant,

v.

MICHAEL EDGHILL AND SHIRELLE EDGHILL, Appellees.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 5 OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Silva Memorandum Opinion by Justice Silva

On December 28, 2023, appellant filed a notice of appeal. On January 10, 2024,

the Clerk of the Court requested appellant to remit a $205.00 filing fee. On February 5,

2024, the Clerk of the Court notified appellant she was delinquent in remitting a $205.00 filing fee. The Clerk of the Court further notified appellant the appeal was subject to

dismissal if the filing fee was not paid within ten days from the date of the letter. See TEX.

R. APP. P. 42.3 (b), (c).

On March 6, 2024, we abated the matter for the trial court to determine appellant’s

indigency status and whether appellant was entitled to proceed without the payment of

fees. On April 30, 2024, the Clerk of the Court spoke with the trial court judge, the

Honorable Timothy McCoy, who indicated an indigency hearing had been set and no one

appeared. Accordingly, on that same day, the case was reinstated, and the Clerk of the

Court again notified appellant she was delinquent in remitting a $205.00 filing fee. The

Clerk of the Court further notified appellant the appeal was subject to dismissal if the filing

fee was not paid within ten days from the date of the letter. See id.

Appellant has not paid the filing fee nor otherwise responded to the notice from the

Clerk of the Court requiring a response or other action within the time specified;

accordingly, the appeal is dismissed for want of prosecution. See id.

CLARISSA SILVA Justice

Delivered and filed on the 25th day of July, 2024.