Evergreen Fabrication & Industrial Services, LLC v. Robert H. Dodd Sr.

• Court: Court of Appeals of Texas
• Decided: June 30, 2016
• Docket: 09-16-00168-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00168-CV ____________________

EVERGREEN FABRICATION & INDUSTRIAL SERVICES, LLC, Appellant

V.

ROBERT H. DODD SR., ET AL, Appellees _______________________________________________________ ______________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-196,661 ________________________________________________________ _____________

MEMORANDUM OPINION

Evergreen Fabrication & Industrial Services, LLC filed a notice of

accelerated appeal with the trial court on May 12, 2016. To date, despite written

notices from this Court and an opportunity to cure, the appellant has established

neither indigence nor paid the filing fee for the appeal. See Tex. R. App. P. 5, 20.1.

Additionally, no clerk’s record has been filed. On May 23, 2016, we notified the

parties that the appeal would be dismissed unless the filing fee was paid, and we

1 required that the appellant notify us that it had arranged to file the record.

Alternatively, we required that the appellant provide the Court with valid reasons

explaining why it needed additional time 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 it 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 accelerated appeal for want of prosecution. See Tex. R.

App. P. 37.3(b); Tex. R. App. P. 42.3.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on June 29, 2016 Opinion Delivered June 30, 2016

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