Southcoast Production Inc. v. MCP Operating, LLC and Phillips 66 Company

• Court: Court of Appeals of Texas
• Decided: May 16, 2024
• Docket: 09-24-00096-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00096-CV __________________

SOUTHCOAST PRODUCTION INC., Appellant

V.

MCP OPERATING, LLC AND PHILLIPS 66 COMPANY, Appellees

__________________________________________________________________

On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. CV17,263 __________________________________________________________________

MEMORANDUM OPINION

Southcoast Production Inc. filed a notice of appeal on March 11, 2024, from

a final judgment signed on December 12, 2023. Despite written notice from this

Court and an opportunity to cure, to date, Appellant has 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. Appellant

did not respond to the Court’s notice.

1 Appellant did not file a statement of inability to pay costs and has not shown

that it is entitled to proceed without payment of costs. See id. 20.1. Furthermore,

Appellant 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 May 15, 2024 Opinion Delivered May 16, 2024

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