Jose Trevino and Yolanda Trevino v. Cedric Ivory and Janice Ivory

• Court: Court of Appeals of Texas
• Decided: February 20, 2025
• Docket: 09-24-00419-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00419-CV __________________

JOSE TREVINO AND YOLANDA TREVINO, Appellants

V.

CEDRIC IVORY AND JANICE IVORY, Appellees

__________________________________________________________________

On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. CV16776 __________________________________________________________________

MEMORANDUM OPINION

On August 28, 2024, the trial court signed a final judgment in Trial Cause

Number CV16776. Appellants Jose Trevino and Yolanda Trevino timely filed a

notice of appeal. See Tex. R. App. P. 26.1(a)(1). Upon receiving the notice of appeal

from Appellants, the Clerk of the Court issued a Bill of Costs for the filing fee for

the appeal. See id. 5. By letter dated January 6, 2025, we notified the parties that

Appellants had not paid the filing fee as directed in our letter and Bill of Costs

previously forwarded to Appellants. A Certified Bill of Costs for the filing fee was

1 enclosed and provided to Appellants. We also warned Appellants that unless the

filing fee was paid, the appeal would be dismissed without further notice on any date

after Tuesday, January 21, 2025. See id. 42.3(c). As of this date, Appellants have

failed to pay the filing fee as directed by this Court.

On January 2, 2025, we notified the parties that the appeal would be dismissed

for want of prosecution unless Appellants established that they had made the

arrangements required to pay the fee for the clerk’s record or that they needed more

time to do so. See id. 37.3(b). After the Clerk sent the parties a letter warning of the

consequences of a failure to take the action necessary to file the clerk’s record, the

Court did not receive a response.

Because Appellants have not paid the filing fee for the appeal nor have they

explained why they have not paid the fee for the clerk’s record, we dismiss the appeal

for want of prosecution. See id. 5, 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on February 19, 2025 Opinion Delivered February 20, 2025

Before Golemon, C.J., Johnson and Wright, JJ.