in the Interest of M.D.B. III

• Court: Court of Appeals of Texas
• Decided: March 7, 2019
• Docket: 09-18-00257-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-18-00257-CV ________________

IN THE INTEREST OF M.D.B. III

__________________________________________________________________

On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-227,217-A __________________________________________________________________

MEMORANDUM OPINION

On August 3, 2018, appellant filed a statement of inability to afford payment

of court costs, and this Court abated the appeal and remanded the cause to the trial

court for a determination of appellant’s ability to pay court costs. The trial judge

signed an order in which he found that appellant is not indigent. Appellant

subsequently filed a motion with this Court alleging his financial circumstances had

materially changed and seeking reconsideration of the issue of his indigency. This

Court denied appellant’s motion, and on February 8, 2019, the Court notified the

1 parties that the filing fee had not been paid and warned that the appeal would be

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

Appellant has not shown that he is entitled to proceed without payment of

costs. See Tex. R. App. P. 20.1. There being no reasonable explanation for the failure

to pay the filing fee for the appeal, we dismiss the appeal for want of prosecution.

See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

___________________________ CHARLES KREGER Justice

Submitted on March 6, 2019 Opinion Delivered March 7, 2019

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