In the Interest of L.D.B. and L.D.B. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 24, 2023
• Docket: 09-23-00155-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00155-CV __________________

IN THE INTEREST OF L.D.B. AND L.D.B.

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On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-213,320-C __________________________________________________________________

MEMORANDUM OPINION

M.D.B. 1 appealed the trial court’s final order modifying a support order in a

suit affecting the parent-child relationship. M.D.B., who is the appellant, did not pay

the filing fee for the appeal.

On July 10, 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 July 5, 2023.

1We refer to the appellant by his initials. See Tex. Fam. Code Ann. § 109.002(d). 1 On July 19, 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 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 Tex. R. App.

P. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 23, 2023 Opinion Delivered August 24, 2023

Before Horton, Johnson and Wright, JJ.