Gavin Wilbur West v. Amy Michelle Paul

• Court: Court of Appeals of Texas
• Decided: June 19, 2025
• Docket: 09-25-00102-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00102-CV __________________

GAVIN WILBUR WEST, Appellant

V.

AMY MICHELLE PAUL, Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 25-01-00417 __________________________________________________________________

MEMORANDUM OPINION

On March 20, 2025, Gavin Wilbur West filed a notice of appeal from a final

order signed on February 20, 2025, from the 457th District Court. Upon receiving

the notice of appeal from Appellant, the Clerk of the Court issued a Bill of Costs for

the filing fee for the appeal. By letter dated May 5, 2025, we notified the parties that

Appellant had not paid the filing fee as directed in our letter and Bill of Costs

previously forwarded to Appellant. A Certified Bill of Costs for the filing fee was

enclosed and provided to Appellant. We warned Appellant in our letter dated May

1 5, 2025, that unless the filing fee was paid, the appeal would be dismissed without

further notice on any date after Tuesday, May 20, 2025. See Tex. R. App. P. 42.3(c).

As of this date, Appellant has failed to pay the filing fee as directed by this Court.

On April 23, 2025, the District Clerk notified the Court that Appellant had

failed to pay or to make the arrangements necessary for the District Clerk to prepare

the clerk’s record. We notified the parties that Appellant had not established indigent

status, and that the clerk’s record had not been filed due to Appellant’s failure to pay

or to arrange to pay the fee required to prepare the clerk’s record. We warned

Appellant that the appeal would be dismissed for want of prosecution unless

Appellant established that he had made the arrangements required to pay the fee or

that he needed more time to do so. See id. 37.3(b). After the Clerk of this Court sent

the parties a letter warning of the consequences of a failure to take the action

necessary to file the clerk’s record, the Court did not receive a response.

Appellant has not paid the filing fee for the appeal, nor has he explained why

he has not paid the fee for the clerk’s record; therefore, we dismiss the appeal for

want of prosecution. Id. 5, 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 18, 2025 Opinion Delivered June 19, 2025

Before Golemon, C.J., Wright and Chambers, JJ. 2