Kimberley Randall v. David W. Mills--Appeal from County Court at Law No 2 of Montgomery County

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.