Terry Lamar Britton v. RSS Recovery Solutions Services

• Court: Court of Appeals of Texas
• Decided: August 24, 2023
• Docket: 01-23-00259-CV
• Status: Published

Opinion

Opinion issued August 24, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00259-CV ——————————— TERRY LAMAR BRITTON, Appellant V. RSS RECOVERY SOLUTIONS SERVICES, Appellee

On Appeal from County Court at Law No. 2 Harris County, Texas Trial Court Case No. 1187123

MEMORANDUM OPINION

Appellant Terry Lamar Britton filed his notice of appeal on April 5, 2023.

Appellant did not pay the appellate filing fee or establish indigence for purposes of

appellate costs. See TEX. R. APP. P. 5, 20.1. The Clerk of this Court notified

Appellant that unless he paid the appellate filing fee by May 26, 2023, his appeal could be dismissed. See TEX. R. APP. P. 42.3(b). To date, Appellant has not paid

the appellate filing fee.

The clerk’s record also has not been filed. Appellant has neither established

indigence for purposes of court costs nor paid, or made arrangements to pay, the fee

for preparing the clerk’s record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 34.1. We

notified Appellant that his appeal could be dismissed for want of prosecution if the

clerk’s record was not filed. See TEX. R. APP. P. 37.3 (a), (b). We directed Appellant

to submit written evidence from the trial court clerk by June 26, 2023, reflecting he

paid, or made arrangements to pay, the fee for preparing the clerk’s record. To date,

Appellant has not responded to this Court’ notice and the clerk’s record has not been

filed.

We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b),

42.3(b)-(c). We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.