Richard Wade McKinney v. Robert L. May, et al--Appeal from 88th District Court of Hardin County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00482-CV _________________ RICHARD WADE MCKINNEY, Appellant V. ROBERT L. MAY, et al., Appellees ________________________________________________________________________ On Appeal from the 88th District Court Hardin County, Texas Trial Cause No. 50877 ________________________________________________________________________ MEMORANDUM OPINION On November 22, 2010, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. Appellant did not respond to the notice. Appellant did not pay the filing fee for the appeal. Appellant neither filed an affidavit of indigence on appeal nor asserted that he is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for 1 the appellant s failure to pay the filing fee for the appeal after notice and opportunity to cure, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered January 13, 2011 Before McKeithen, C.J., Gaultney and Horton, JJ. 2

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