Richard Earl Sisney Sr v. Brenda Lee Sisney

• Court: Court of Appeals of Texas
• Decided: December 10, 2015
• Docket: 09-15-00300-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00300-CV ____________________

RICHARD EARL SISNEY SR., Appellant

V.

BRENDA LEE SISNEY, Appellee _______________________________________________________ ______________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 13-09-10256-CV ________________________________________________________ _____________

MEMORANDUM OPINION

On October 27, 2015, we notified the parties that the filing fee had not been

paid and warned that the appeal would be dismissed unless the appellant remitted

the filing fee for the appeal. Appellant did not respond to this Court’s notice.

An appellant who wishes to proceed on appeal without payment of costs

must file an affidavit of indigence. See Tex. R. App. P. 20.1. An appeal may be

dismissed if the appellant fails to comply with a requirement of the Texas Rules of

Appellate Procedure, or fails to respond to a notice from the Clerk of the Court

1 requiring a response or other action within a specified time. See Tex. R. App. P.

42.3(c).

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

that he is entitled to proceed without payment of costs. See generally Tex. R. App.

P. 20.1. Appellant failed to comply with notices that required a response. See Tex.

R. App. P. 42.3(c). There being no reasonable explanation for the failure to pay the

filing fee for the appeal, we dismiss the appeal for want of prosecution. See Tex. R.

App. P. 42.3.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on December 9, 2015 Opinion Delivered December 10, 2015

Before Kreger, Horton, and Johnson, JJ.