In the Interest of A.J.N. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 30, 2023
• Docket: 09-22-00351-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00351-CV __________________

IN THE INTEREST OF A.J.N.

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On Appeal from the 418th District Court Montgomery County, Texas Trial Cause No. 21-10-14128-CV __________________________________________________________________

MEMORANDUM OPINION

Andrew Narvaez appealed from a final order in a suit affecting the parent-

child relationship, which the trial court signed on September 28, 2022. On January

25, 2023, and on February 28, 2023, the District Clerk notified the Court that

Narvaez was not entitled to appeal without paying the required fee, and that he had

failed to pay or to arrange to pay for the clerk’s record in the appeal.

On January 25, 2023, we notified the parties the Clerk’s Record had not been

filed. The Clerk of the Ninth Court of Appeals notified the parties that the Court

would dismiss the appeal if Narvaez failed to make the arrangements necessary to

1 pay the fee required to file the Clerk’s Record or unless Narvaez provided the Court

with sufficient reasons to explain why he needed more time to do so by February 27,

2023. See Tex. R. App. P. 37.3(b). After the Clerk warned the parties of the

consequences of a failure to act, the Court received no response to its notice.

In the absence of a satisfactory explanation that justifies Narvaez’s failure to

arrange to pay for a Clerk’s Record supporting his 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 March 29, 2023 Opinion Delivered March 30, 2023

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