Noelle A. Davis v. Derick Zacharie Sr.

• Court: Court of Appeals of Texas
• Decided: April 14, 2016
• Docket: 09-16-00042-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00042-CV ____________________

NOELLE A. DAVIS, Appellant

V.

DERICK ZACHARIE SR., Appellee _______________________________________________________ ______________

On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-224,640 ________________________________________________________ _____________

MEMORANDUM OPINION

Appellant, Noelle A. Davis, filed a notice of appeal of the trial court’s

judgment dated December 17, 2015. The trial court clerk notified this Court that

Appellant is not entitled to appeal without paying fees and that Appellant neither

paid for nor made arrangements to pay for preparation of the record. On February

17, 2016, we notified the parties that the appeal would be dismissed for failure to

make payment arrangements for the record. On March 14, 2016, we notified the

1 parties that the appeal would be dismissed unless the appellant remitted the filing

fee for the appeal. Appellant has not responded to this Court's notices.

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

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

Although she was given an opportunity to cure before dismissal, Appellant failed

to make payment arrangements for the preparation of the record. See Tex. R. App.

P. 37.3(b). Furthermore, Appellant has not responded to notices requiring a

response within a specified time. See Tex. R. App. P. 42.3(c). We dismiss the

appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on April 13, 2016 Opinion Delivered April 14, 2016

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