In the Interest of K.M.B. and A.M.B. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2024
• Docket: 09-23-00309-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00309-CV __________________

IN THE INTEREST OF K.M.B. AND A.M.B.

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On Appeal from the 88th District Court Hardin County, Texas Trial Cause No. 49251 __________________________________________________________________

MEMORANDUM OPINION

On September 21, 2023, the trial court denied a petition to modify the parent-

child relationship. R.B. filed a notice of appeal but did not pay the filing fee for the

appeal.1 On November 14, 2023, we notified the parties that the appellant had not

remitted the filing fee, and we warned the appellant that the appeal would be

dismissed without further notice unless the filing fee was paid by November 29,

2023.

1We refer to the appellant by his initials. See Tex. Fam. Code Ann. § 109.002(d). 1 On November 17, 2023, 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, 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 unless the appellant established that he had made the

arrangements required to pay the fee or that he 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 the filing fee for the appeal and his failure to pay or make the arrangements

needed to pay for the 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 January 10, 2024 Opinion Delivered January 11, 2024

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