The Estate of Shirley Harrison v. City of Beaumont

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00140-CV __________________

THE ESTATE OF SHIRLEY HARRISON, Appellant

V.

CITY OF BEAUMONT, Appellee

__________________________________________________________________

On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. 24DCCV2213 __________________________________________________________________

MEMORANDUM OPINION

On April 3, 2025, the Estate of Shirley Harrison filed a notice of appeal from

a final judgment of the 60th District Court, signed on March 25, 2025. On May 28,

2025, the District Clerk notified the Court that the appellant had failed to respond to

the clerk’s repeated attempts to arrange for the clerk’s record. On May 28, 2025, we

notified the parties that the appellant had not established indigent status and that the

clerk’s record had not been filed due to the appellant’s failure to pay or to arrange to

pay the fee required to prepare the clerk’s record. We also warned the appellant that

1 the appeal could be dismissed for want of prosecution unless the appellant

established that the appellant had made the arrangements required to pay the fee or

that they needed more time to do so. See Tex. R. App. P. 37.3(b). After the Clerk

sent the parties a letter warning of the consequences of a failure to take the action

necessary to file the clerk’s record, the Court did not receive a response. On June 30,

2025, the trial court clerk notified the appellate court that the appellant still had not

responded or submitted a designation of record.

Due to the appellant’s failure to respond to a notice from the Clerk that

required a response within a specified time, and in the absence of a satisfactory

explanation that justifies the appellant’s failure to pay or make the arrangements

needed to pay for the clerk’s record to support the appeal, we dismiss the appeal for

want of prosecution. See id. 37.3(b), 42.3(b)-(c), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 13, 2025 Opinion Delivered August 14, 2025

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