Tracy Nicole Thomas v. Kevin Thomas Sr.

• Court: Court of Appeals of Texas
• Decided: July 13, 2023
• Docket: 09-23-00112-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00112-CV __________________

TRACY NICOLE THOMAS, Appellant

V.

KEVIN THOMAS SR., Appellee

__________________________________________________________________

On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-239,365 __________________________________________________________________

MEMORANDUM OPINION

Tracy Nicole Thomas filed a notice of appeal from a final decree of divorce,

which the trial court signed on March 17, 2023.

On May 16, 2023, the District Clerk notified the Court that Appellant had

failed to pay or to arrange to pay for the clerk’s record in her appeal. On that same

day, we notified the parties that the clerk’s record had not been filed and we warned

Appellant that we would dismiss the appeal unless she arranged to pay the fee

1 required to file the clerk’s record or she explained that she needed additional time to

do so by June 15, 2023. See Tex. R. App. P. 37.3(b).

On May 31, 2023, through a notice issued by the Clerk of the Court, we

warned the parties that Appellant had not remitted the filing fee and that unless she

paid the fee, the Court would dismiss the appeal without further notice on any date

after June 15, 2023. Appellant neither paid the filing fee nor asserted that she 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 Appellant’s failure to

pay the filing fee for the appeal or to arrange to pay for a clerk’s record to support

her 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 July 12, 2023 Opinion Delivered July 13, 2023

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