R. Wayne Johnson v. Barbara Adamick--Appeal from 221st District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-004 CV
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R. WAYNE JOHNSON, Appellant
V.
BARBARA ADAMICK, Appellee
On Appeal from the 221st District Court
Montgomery County, Texas
Trial Cause No. 04-07-05628-CV
MEMORANDUM OPINION

R. Wayne Johnson filed notice of appeal from the dismissal of his suit against Barbara Adamick and filed a motion for indigent status on appeal. The trial court sustained the clerk's and court reporter's contest to the appellant's motion for indigent status and ordered Johnson to pay appellate costs. Tex. R. App. P. 20.1(k). On October 13, 2005, we held the appellant is not entitled to proceed without payment of costs as ordered by the trial court, and provided notice that the appeal would be dismissed for want of prosecution thirty days from the date of the order unless the appellant paid the filing fee and provided proof of payment arrangements for preparation of the appellate record. Tex. R. App. P. 37.3. R. Wayne Johnson has not remitted the filing fee, nor has he submitted evidence that he has arranged for preparation of the clerk's record and the reporter's record. Failure to file the clerk's record because the appellant failed to pay for the record is grounds for dismissal for want of prosecution. Tex. R. App. P. 37.3(b). The appellant failed to timely comply with our order of October 13, 2005. Tex. R. App. P. 42.3(c). The appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3(b), (c).

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

 

Opinion Delivered January 12, 2006

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