in the Interest of R.K.P.

• Court: Court of Appeals of Texas
• Decided: December 23, 2015
• Docket: 09-15-00355-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00355-CV ____________________

IN THE INTEREST OF R.K.P.

_______________________________________________________ ______________

On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-189061-C ________________________________________________________ _____________

MEMORANDUM OPINION

On October 28, 2015, we notified the parties that this appeal would be

dismissed for want of prosecution unless arrangements were made for the filing of

the record or the appellant explained why additional time was needed to file the

record. On October 29, 2015, we notified the 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 did not respond to this Court’s notices.

An appellant who wishes to proceed on appeal without payment of costs

must file an affidavit of indigence. See Tex. R. App. P. 20.1. An appeal may be

1 dismissed if the appellant fails to comply with a requirement of the Texas Rules of

Appellate Procedure, or fails to respond to a notice from the Clerk of the Court

requiring a response or other action within a specified time. See Tex. R. App. P.

42.3(c).

Appellant did not file an affidavit of indigence on appeal and has not shown

that she is entitled to proceed without payment of costs. See generally Tex. R. App.

P. 20.1. Appellant failed to comply with notices that required a response. See Tex.

R. App. P. 42.3(c). 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 December 22, 2015 Opinion Delivered December 23, 2015

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