Russell Wayne Giles and Mary Frances Giles v. David Strickland

Court of Appeals of Texas·Decided April 25, 2024·No. 09-24-00057-CV·Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-24-00057-CV

RUSSELL WAYNE GILES AND MARY FRANCES GILES, Appellants V.

DAVID STRICKLAND, Appellee

On Appeal from the County Court at Law No. 2 Liberty County, Texas

Trial Cause No. CV1813015

MEMORANDUM OPINION

Russell Wayne Giles and Mary Frances Giles, Appellants, filed a notice of appeal on February 14, 2024, from a final judgment signed on February 7, 2024. Despite written notice from this Court and an opportunity to cure, to date, Appellants have neither established indigence nor paid the filing fee for the appeal. See Tex. R. App. P. 5, 20.1. We notified the parties that the appeal would be dismissed unless the filing fee was paid. Appellants did not respond to the Court’s notice.

Appellants did not file a statement of inability to pay costs and have not shown that they are entitled to proceed without payment of costs. See id. 20.1. Furthermore, Appellants failed to comply with a notice from the Clerk of the Court requiring a response within a specified time. See id. 42.3(c). There being no satisfactory explanation for the failure to pay the filing fee for the appeal, we dismiss the appeal for want of prosecution. See id. 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on April 24, 2024 Opinion Delivered April 25, 2024

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

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