John Walter Lee v. Mary Jo Scroggins-Lee

• Court: Court of Appeals of Texas
• Decided: September 18, 2014
• Docket: 09-14-00111-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00111-CV ____________________

JOHN WALTER LEE, Appellant

V.

MARY JO SCROGGINS-LEE, Appellee _______________________________________________________ ______________

On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 13-04-03378 CV ________________________________________________________ _____________

MEMORANDUM OPINION

John Walter Lee filed a notice of appeal but failed to pay the filing fee for

the appeal and failed to file a brief. On July 21, 2014, we notified the parties that

the brief had not been filed and warned the appellant that his failure to file a brief

could result in a dismissal of the appeal for want of prosecution. On August 7,

2014, we notified the parties that the appeal would be submitted to the Court

without oral argument. See Tex. R. App. P. 39.8. On August 8, 2014, we notified

the parties 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.

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

that he is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1.

There being no satisfactory explanation for the failure to pay the filing fee for the

appeal, and in the absence of a brief assigning error for appellate review, we

dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1), 42.3.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on August 28, 2014 Opinion Delivered September 18, 2014

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