Court of Civil Appeals of Texas, 2007

Kimberley Randall v. David W. Mills

Kimberley Randall v. David W. Mills
Court of Civil Appeals of Texas · Decided September 6, 2007

Kimberley Randall v. David W. Mills

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-505 CV

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KIMBERLEY RANDALL, Appellant



V.



DAVID W. MILLS, Appellee




On Appeal from the County Court at Law No. 2

Montgomery County, Texas

Trial Cause No. 06-20,680




MEMORANDUM OPINION

In this appeal from a judgment for possession of residential premises, the trial court sustained a contest to Kimberley Randall's affidavit of indigence. We directed the parties to file briefs on the contest, but the appellant did not file a response. On June 14, 2007, we notified the parties that the appeal would proceed with the appellant being responsible for the payment of costs. The appellant did not file the clerk's or reporter's records and did not pay the filing fee for the appeal. On July 5, 2007, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record. The appellant did not respond.

The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b), 42.3. Costs are assessed against the appellant.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice





Opinion Delivered September 6, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.

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