Lance Russell Braswell v. Stacy Brumley Appeal from 418th District Court of Montgomery County (memorandum opinion by chief justice mckeithen)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00448-CV ____________________ LANCE RUSSELL BRASWELL, Appellant V. STACY BRUMLEY, Appellee ________________________________________________________________________ On Appeal from the 418th District Court Montgomery County, Texas Trial Cause No. 14-07-08014-CV ________________________________________________________________________ MEMORANDUM OPINION On January 19, 2016, we notified the parties that the filing fee had not been paid and warned that the appeal would be dismissed unless the appellant, Lance Russell Braswell, remitted the filing fee for the appeal. Braswell did not respond to this Court’s notice. An appellant who wishes to proceed on appeal without payment of costs must file an affidavit of indigence. See Tex. R. App. P. 20.1. An appeal may be dismissed if the appellant fails to comply with a requirement of the Texas Rules of 1 Appellate Procedure, or fails to respond to a notice from the Clerk of the Court requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(c). Braswell did not file an affidavit of indigence on appeal and has not shown that he is entitled to proceed without payment of costs. See generally Tex. R. App. P. 20.1. Additionally, he failed to comply with notices that required a response. See Tex. R. App. P. 42.3(c). There being no reasonable explanation for the failure to pay the filing fee for the appeal, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on March 2, 2016 Opinion Delivered March 3, 2016 Before McKeithen, C.J., Horton and Johnson, JJ. 2

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