Jennifer M. Birdwell v. April Sound Property Owners' Association, Inc.

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00195-CV ____________________

JENNIFER M. BIRDWELL, Appellant

V.

APRIL SOUND PROPERTY OWNERS’ ASSOCIATION, INC., Appellee _______________________________________________________ ______________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 16-09-11349-CV ________________________________________________________ _____________

MEMORANDUM OPINION

Jennifer M. Birdwell, Appellant, filed a notice of appeal from a final

judgment. Despite written notices from this Court and an opportunity to cure,

Appellant has neither established indigence nor paid the filing fee for the appeal. See

Tex. R. App. P. 5, 20.1. Additionally, a clerk’s record has not been filed, and the

clerk who is responsible for preparing the record in this appeal informed the Court

that Appellant did not arrange to pay for the record. See Tex. R. App. P. 37.3(b). On

June 15, 2018, we notified the parties that the clerk’s record had not been filed due

1 to Appellant’s failure to pay or, to arrange to pay the fee for preparing the clerk’s

record, and we warned Appellant that the appeal would be dismissed unless she

arranged to pay the fee for the clerk’s record. On June 19, 2018, we notified the

parties that the appeal would be dismissed unless the filing fee was paid. Appellant

did not respond to the Court’s notices.

There being no satisfactory explanation for Appellant’s failure to pay the

filing fee for the appeal, and 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), 42.3.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on August 15, 2018 Opinion Delivered August 16, 2018

Before Kreger, Horton, and Johnson, JJ.