In the Interest of E.A.S.-W. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 6, 2024
• Docket: 09-24-00044-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00044-CV __________________

IN THE INTEREST OF E.A.S.-W.

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On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 19-10-14381-CV __________________________________________________________________

MEMORANDUM OPINION

On February 5, 2024, Hannah Celeste Strahan filed a notice of appeal from a

final judgment of the 410th District Court, signed on December 8, 2023. On April 5,

2024, the District Clerk notified the Court that the appellant had failed to pay or to

make the arrangements necessary for the District Clerk to prepare the clerk’s record.

Consequently, we notified the parties that the appellant had not established indigent

status and that the clerk’s record had not been filed due to the appellant’s failure to

pay or to arrange to pay the fee required to prepare the clerk’s record. We also

warned the appellant that the appeal would be dismissed for want of prosecution

1 unless the appellant established that she had made the arrangements required to pay

the fee or that she needed more time to do so. See Tex. R. App. P. 37.3(b). After the

Clerk sent the parties a letter warning of the consequences of a failure to take the

action necessary to file the clerk’s record, the Court did not receive a response.

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

to pay or make the arrangements needed to pay for the clerk’s record to support her

appeal, we dismiss the appeal for want of prosecution. See id. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 5, 2024 Opinion Delivered June 6, 2024

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