in the Interest of B.A.B.

• Court: Court of Appeals of Texas
• Decided: February 19, 2015
• Docket: 09-14-00556-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00556-CV ____________________

IN THE INTEREST OF B.A.B.

_______________________________________________________ ______________

On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-211,882-B ________________________________________________________ _____________

MEMORANDUM OPINION

On December 23, 2014, we notified the parties that the notice of appeal had

not been timely filed, and informed the appellant that she could request an

extension of time to file the notice of appeal. On January 8, 2015, we notified the

parties that the appellant had not established indigence and warned that the appeal

would be dismissed for want of prosecution unless arrangements were made for

filing the clerk’s record or the appellant explained why additional time was needed

to file the record. On January 12, 2015, we notified the parties that the appeal

would be dismissed unless the appellant remitted the filing fee for the appeal.

Appellant did not respond to this Court’s notices.

An appellant who wishes to proceed on appeal without payment of costs

must file an affidavit of indigence. See Tex. R. App. P. 20.1. An appeal may be

dismissed for want of prosecution if the appellant is not entitled to appeal without

payment of costs and fails to pay for the clerk’s record. See Tex. R. App. P.

37.3(b). An appeal may be dismissed if the appellant fails to comply with a

requirement of the Texas Rules of Appellate Procedure or fails to respond to a

notice from the clerk of the Court requiring a response of other action within a

specified time. See Tex. R. App. P. 42.3(c).

Appellant did not file an affidavit of indigence on appeal and has not shown

that she is entitled to proceed without payment of costs. See generally Tex. R. App.

P. 20.1. Appellant failed to comply with notices that required a response. See Tex.

R. App. P. 42.3(c). We dismiss the appeal for want of prosecution. See Tex. R.

App. P. 37.3(b), 42.3.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on February 18, 2015 Opinion Delivered February 19, 2015

Before Kreger, Horton, and Johnson, JJ.