Jeffrey D. Westbrook v. David A. Doughty, Frankie L. Rescano, Sandra R. Johnson and Anita R. Breaux

• Court: Court of Appeals of Texas
• Decided: June 28, 2018
• Docket: 09-18-00054-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00054-CV ____________________

JEFFREY D. WESTBROOK, Appellant

V.

DAVID A. DOUGHTY, FRANKIE L. RESCANO, SANDRA R. JOHNSON AND ANITA R. BREAUX, Appellees _______________________________________________________ ______________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 129046 ________________________________________________________ _____________

MEMORANDUM OPINION

Jeffrey D. Westbrook appealed from a judgment signed January 8, 2018. On

May 29, 2018, we notified the parties that the clerk’s record had not been filed due

to the appellant’s failure to pay or, to arrange to pay the District Clerk’s fee for

preparing the clerk’s record. Further, the notice warned Westbrook that the appeal

would be dismissed for want of prosecution unless a response was filed by June 28,

2018. Westbrook filed a response on June 11, 2018.

1 The trial court denied Westbrook’s claim of indigence on January 10, 2017,

approximately one year before the trial court signed the order that is the subject of

this appeal. Westbrook did not challenge the order within ten days of the date it was

signed. See Tex. R. Civ. P. 145(g)(2). The clerk responsible for preparing the record

in this appeal informed the Court that Westbrook did not arrange to pay for the

record. See Tex. R. App. P. 35.3(a).

There being no satisfactory explanation for the failure to file the clerk’s

record, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b);

see also Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on June 27, 2018 Opinion Delivered June 28, 2018

Before Kreger, Horton, and Johnson, JJ.