Larry Brinson v. Estella Wendt

• Court: Court of Appeals of Texas
• Decided: November 20, 2025
• Docket: 09-25-00293-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00293-CV __________________

LARRY BRINSON, Appellant

V.

ESTELLA WENDT, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 25CCCV0581 __________________________________________________________________

MEMORANDUM OPINION

On August 6, 2025, Larry Brinson filed a notice of appeal from a final order

signed on August 7, 2025, in Trial Court Cause Number 25CCCV0581. Upon

receiving the notice of appeal from Appellant, the Clerk of the Court issued an

invoice for the filing fee for the appeal. By letter dated September 23, 2025, we

notified the parties that Appellant had not paid the filing fee as directed in our letter

previously forwarded to Appellant and we enclosed a Certified Bill of Costs for the

filing fee. We warned Appellant in our letter dated September 23, 2025, that unless

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

date after Tuesday, September 30, 2025. See Tex. R. App. P. 42.3(c). As of this date,

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

On October 8, 2025, the County Clerk notified the Court that Appellant had

failed to pay or to make the arrangements necessary for the County Clerk to prepare

the clerk’s record. On the same date, the Official Court Reporter for County Court

at Law No. 1 notified the Court that Appellant had neither made any designation for

nor arrangements to pay for the reporter’s record. We notified the parties that

Appellant had not established indigent status, that neither the clerk’s record nor the

reporter’s record had been filed due to Appellant’s failure to pay or to arrange to pay

the fee required to prepare the clerk’s record and reporter’s record. We warned

Appellant that the appeal would be dismissed for want of prosecution unless

Appellant established that he had made the arrangements required to pay the fees or

that he needed more time to do so. See id. 37.3(b). After the Clerk of this Court sent

the parties a letter warning of the consequences of a failure to take the action

necessary to file the clerk’s record and reporter’s record, the Court did not receive a

response.

Appellant has not paid the filing fee for the appeal, nor has he explained why

he has not paid the fee for the clerk’s record or reporter’s record; therefore, we

dismiss the appeal for want of prosecution. Id. 5, 42.3, 43.2(f).

2 APPEAL DISMISSED.

PER CURIAM

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

Before Johnson, Wright and Chambers, JJ.