Latosha Diggles v. Texas Farmers Insurance Company and Lindsay, Lindsay & Parsons

• Court: Court of Appeals of Texas
• Decided: November 21, 2024
• Docket: 09-23-00208-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00208-CV __________________

LATOSHA DIGGLES, Appellant

V.

TEXAS FARMERS INSURANCE COMPANY AND LINDSAY, LINDSAY & PARSONS, Appellees

__________________________________________________________________

On Appeal from the 136th District Court Jefferson County, Texas Trial Cause Nos. E-203,884 and 23DCCV0665 __________________________________________________________________

MEMORANDUM OPINION

On September 4, 2024, we notified the parties that the clerk’s record and the

reporter’s record were due on October 4, 2024, and that no extension of time would

be granted except for good cause shown and subject to the Court’s approval. On

September 26, 2024, Appellant Latosha Diggles filed a motion to stay the appeal.

On October 7, 2024, the District Clerk notified the Court of Appeals that the fee for

the clerk’s record had not been paid. On October 9, 2024, we issued another notice

1 to the parties providing notice that the Court denied Appellant’s motion to stay the

appeal, and we notified the parties that no payment arrangements had been made for

the preparation of the clerk’s record and warned that failure to file the clerk’s record

due to Appellant’s failure to make arrangements to pay for the record would be

grounds for dismissal for want of prosecution. Appellant was notified that the appeal

would be dismissed for want of prosecution unless by November 8, 2024, we

received proof that satisfactory arrangements to pay the fee for the record had been

made with the trial court clerk’s office. The appellate clerk sent the parties a letter

warning of the consequences of a failure to take the action necessary to file the

clerk’s record, and the Court has not received a response.

In the absence of a satisfactory explanation that justifies Appellant’s failure

to pay for the clerk’s record or to make the arrangements to pay for the clerk’s record

to support her appeal, we dismiss the appeal for want of prosecution. See Tex. R.

App. P. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on November 20, 2024 Opinion Delivered November 21, 2024

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