In the Estate of Helen Gary v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 29, 2023
• Docket: 01-22-00770-CV
• Status: Published

Opinion

Opinion issued August 29, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00770-CV ——————————— IN THE ESTATE OF HELEN RHEA GARY, DECEASED

On Appeal from the 20th District Court Milam County, Texas1 Trial Court Case No. CV37283

MEMORANDUM OPINION

Appellants, Paulette Gay Owens, Josh Owens, Errol Bruce Gary, Kathleen

Phillips, and Rhea Pringle, filed a notice of appeal from the trial court’s August 9,

2022 order. Appellants have neither established indigence for purposes of costs nor

1 Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this appeal to this Court. See Misc. Docket No. 22–9083 (Tex. Sept. 27, 2022); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of cases); TEX. R. APP. P. 41.3. paid or made arrangements to pay the fee for the preparation of the clerk’s record.

See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1(a), 37.3(b). On October 24, 2022,

appellants were notified that this appeal was subject to dismissal if they did not

submit written evidence that they had paid or made arrangements to pay the fee for

the preparation of the clerk’s record by November 23, 2022. See TEX. R. APP. P.

37.3(b), 42.3(b), (c). Appellants did not adequately respond.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 37.3(b), 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris.