Noelle A. Davis v. Derick Zacharie Sr.

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-16-00042-CV ____________________

NOELLE A. DAVIS, Appellant

V.

DERICK ZACHARIE SR., Appellee _______________________________________________________ ______________ On Appeal from the 317th District Court Jefferson County, Texas

Trial Cause No. C-224,640 ________________________________________________________ _____________ MEMORANDUM OPINION

Appellant, Noelle A. Davis, filed a notice of appeal of the trial court’s judgment dated December 17, 2015. The trial court clerk notified this Court that Appellant is not entitled to appeal without paying fees and that Appellant neither paid for nor made arrangements to pay for preparation of the record. On February 17, 2016, we notified the parties that the appeal would be dismissed for failure to make payment arrangements for the record. On March 14, 2016, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. Appellant has not responded to this Court's notices.

Appellant did not file an affidavit of indigence on appeal and has not shown that she is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. Although she was given an opportunity to cure before dismissal, Appellant failed to make payment arrangements for the preparation of the record. See Tex. R. App. P. 37.3(b). Furthermore, Appellant has not responded to notices requiring a response within a specified time. See Tex. R. App. P. 42.3(c). We dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on April 13, 2016

Opinion Delivered April 14, 2016

Before McKeithen, C.J., Kreger and Johnson, JJ.