Russell Wayne Giles and Mary Frances Giles v. David Strickland

• Court: Court of Appeals of Texas
• Decided: April 25, 2024
• Docket: 09-24-00057-CV
• Status: 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.

1 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.