In the Estate of Paul C. Murphy III v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 09-23-00210-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00210-CV __________________

IN THE ESTATE OF PAUL C. MURPHY III

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On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 19-37828-P __________________________________________________________________

MEMORANDUM OPINION

Appellants, Paul C. Murphy IV, Kelly Ann Murphy Young, Elizabeth Ann

Crofford Smith, Avery Claire Crofford, and William T. Crofford, filed a notice of

appeal from a final Order Regarding Inventory and Life Estate, signed on March 8,

2023. On July 6, 2023, we notified the parties that the clerk’s record had not been

filed due to Appellants’ failure to pay, or to arrange to pay, the County Clerk’s fee

for preparing the clerk’s record and warned that the appeal would be dismissed for

want of prosecution unless Appellants established that they had arranged to pay the

fee or that they needed additional time to do so. See Tex. R. App. P. 37.3(b). On

1 August 8, 2023, the County Clerk notified this Court that Appellants failed to pay

for the clerk’s record.

In the absence of a satisfactory explanation justifying Appellants’ failure to

arrange to pay for a clerk’s record to support their appeal, 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 August 30, 2023 Opinion Delivered August 31, 2023

Before Golemon, C.J., Johnson and Wright, JJ.