Tomas Castillo Barboza Jr. v. GEICO Casualty Company
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Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-22-00398-CV __________________
TOMAS CASTILLO BARBOZA JR., Appellant
V.
GEICO CASUALTY COMPANY, Appellee
__________________________________________________________________
On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No.137739 __________________________________________________________________
MEMORANDUM OPINION
Tomas Castillo Barboza Jr. filed a notice of appeal from a final judgment,
which the trial court signed on November 3, 2022.
On January 3, 2023, the County Clerk notified the Court that Barboza had
failed to pay or to arrange to pay for the clerk’s record in his appeal. On that same
day, we notified the parties that the clerk’s record had not been filed and we warned
Barboza that we would dismiss the appeal unless he arranged to pay the fee required
1 to file the clerk’s record or he explained that he needed additional time to do so by
February 2, 2023. See Tex. R. App. P. 37.3(b).
On January 18, 2023, through a notice issued by the Clerk of the Court, we
warned the parties that Barboza had not remitted the filing fee and that unless he
paid the fee, the Court would dismiss the appeal without further notice on any date
after February 2, 2023. Barboza neither paid the filing fee nor asserted that he was
unable to afford payment of costs. See Tex. R. App. P. 5, 20.1. None of the parties
responded to the Court’s notices.
In the absence of a satisfactory explanation justifying the appellant’s failure
to pay the filing fee for the appeal or to arrange to pay for a clerk’s record to support
his appeal, we dismiss the appeal for want of prosecution. See Tex. R. App. P.
37.3(b), 42.3, 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on February 22, 2023 Opinion Delivered February 23, 2023
Before Golemon, C.J., Horton and Wright, JJ.
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