Monique Williams v. Eric Duhon and Brandy Duhon

• Court: Court of Appeals of Texas
• Decided: December 9, 2021
• Docket: 09-21-00233-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00233-CV __________________

MONIQUE WILLIAMS, Appellant

V.

ERIC DUHON AND BRANDY DUHON, Appellees

__________________________________________________________________

On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B200086-C __________________________________________________________________

MEMORANDUM OPINION

Appellant Monique Williams filed a notice of appeal from a final judgment

signed on April 29, 2021. The trial court found that Appellant is not indigent and

capable of paying for the appellate record. See Tex. R. Civ. P. 145(f). Appellant did

not seek appellate review of the trial court’s order. See id. 145(g).

On September 27, 2021, we notified the parties that the clerk’s record had not

been filed due to Appellant’s failure to pay, or to arrange to pay, the District Clerk’s

fee for preparing the clerk’s record and warned that the appeal would be dismissed

1 for want of prosecution unless Appellant established that she had arranged to pay

the fee or that she needed additional time to do so. See Tex. R. App. P. 37.3(b). On

October 19, 2021, we sent a letter to the parties warning that the appeal would be

dismissed for want of prosecution unless Appellant paid the filing fee for the appeal.

See id. 5, 20.1(b)(1), 42.3. Neither of the parties filed a response to our notices.

In the absence of satisfactory explanations justifying Appellant’s failure to

pay the filing fee for her appeal and her failure to arrange to pay for a clerk’s record

to support her appeal, we dismiss the appeal for want of prosecution. See id. 37.3(b),

42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on December 8, 2021 Opinion Delivered December 9, 2021

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