In the Estate of Daniel David Fells Jr. v. the State of Texas
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Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-22-00403-CV __________________
IN THE ESTATE OF DANIEL DAVID FELLS JR., DECEASED
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On Appeal from the County Court Orange County, Texas Trial Cause No. P19210 __________________________________________________________________
MEMORANDUM OPINION
On November 17, 2022, the trial court signed an order appointing DonNiece
Mann as the Independent Administratrix of the Estate of Danial David Fells Jr. and
granting letters of administration upon taking and filing the oath as required by law.
Windy Lynette Hammer Fells filed a notice of appeal.
The County Clerk notified the Court that Appellant is not entitled to appeal
without paying the fee and had failed to pay or to arrange to pay for the clerk’s record
in her appeal. On March 28, 2023, we notified the parties that the clerk’s record had
not been filed and we warned Appellant that we would dismiss the appeal unless she
1 arranged to pay the fee required to file the clerk’s record or she explained that she
needed additional time to do so by April 27, 2023. See Tex. R. App. P. 37.3(b). On
March 29, 2023, the Appellees, Daniel C. Fells and DonNiece Mann, filed a motion
to dismiss the appeal for want of prosecution.
On April 27, 2023, Appellant filed a motion for extension of time to file the
record. We granted an extension of time until May 30, 2023, to file the record. As
of today, the clerk’s record has not been filed. In the absence of a satisfactory
explanation justifying Appellant’s failure to arrange to pay for a clerk’s record to
support her appeal, we grant Appellees’ motion to dismiss and we dismiss the appeal
for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3, 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on June 14, 2023 Opinion Delivered June 15, 2023
Before Horton, Johnson and Wright, JJ.
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