Court of Civil Appeals of Texas, 2021

Monique Williams v. Eric Duhon and Brandy Duhon

Monique Williams v. Eric Duhon and Brandy Duhon
Court of Civil Appeals of Texas · Decided December 9, 2021

Monique Williams v. Eric Duhon and Brandy Duhon

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-21-00233-CV __________________ MONIQUE WILLIAMS, Appellant V. ERIC DUHON AND BRANDY DUHON, Appellees __________________________________________________________________ On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B200086-C __________________________________________________________________ MEMORANDUM OPINION Appellant Monique Williams filed a notice of appeal from a final judgment signed on April 29, 2021. The trial court found that Appellant is not indigent and capable of paying for the appellate record. See Tex. R. Civ. P. 145(f). Appellant did not seek appellate review of the trial court’s order. See id. 145(g).

On September 27, 2021, we notified the parties that the clerk’s record had not been filed due to Appellant’s failure to pay, or to arrange to pay, the District Clerk’s fee for preparing the clerk’s record and warned that the appeal would be dismissed for want of prosecution unless Appellant established that she had arranged to pay the fee or that she needed additional time to do so. See Tex. R. App. P. 37.3(b). On October 19, 2021, we sent a letter to the parties warning that the appeal would be dismissed for want of prosecution unless Appellant paid the filing fee for the appeal.

See id. 5, 20.1(b)(1), 42.3. Neither of the parties filed a response to our notices.

In the absence of satisfactory explanations justifying Appellant’s failure to pay the filing fee for her appeal and her failure to arrange to pay for a clerk’s record to support her appeal, we dismiss the appeal for want of prosecution. See id. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM Submitted on December 8, 2021 Opinion Delivered December 9, 2021 Before Golemon, C.J., Kreger and Horton, JJ.

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