in the Interest of H.V.C.

• Court: Court of Appeals of Texas
• Decided: August 25, 2022
• Docket: 09-22-00150-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00150-CV __________________

IN THE INTEREST OF H.V.C.

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On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-239,935 __________________________________________________________________

MEMORANDUM OPINION

Nickey Lynn Coleman filed a notice of appeal after the trial court signed a

final order in a suit affecting his parent-child relationship with his child, H.V.C. But

after he filed the notice, he failed to pay the filing fee for the appeal.

On June 27, 2022, the District Clerk notified the Court that Coleman had

failed to arrange to pay for the clerk’s record in his appeal. On that same day, we

notified the parties that Coleman had not established his indigence and that as a

result, since Coleman had failed to pay or arrange to pay the fee charged by the

District Clerk for preparing the clerk’s record, the clerk’s record had not been filed.

1 We warned Coleman the appeal would be dismissed for want of prosecution without

further notice unless he paid the filing fee by July 12, 2022. And we warned Coleman

the appeal would be dismissed unless he arranged to pay the fee required to file the

clerk’s record or that he needed additional time to do so. See Tex. R. App. P. 37.3(b).

None of the parties responded to the Court’s notices.

In the absence of a satisfactory explanation justifying Coleman’s failure to

pay the filing fee in his appeal or to explain his failure to arrange to pay for a clerk’s

record to support his 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 August 24, 2022 Opinion Delivered August 25, 2022

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