Jeffrey D. Westbrook v. David A. Doughty, Frankie L. Rescano, Sandra R. Johnson and Anita R. Breaux Appeal from County Court at Law No 1 of Jefferson County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00054-CV ____________________ JEFFREY D. WESTBROOK, Appellant V. DAVID A. DOUGHTY, FRANKIE L. RESCANO, SANDRA R. JOHNSON AND ANITA R. BREAUX, Appellees _______________________________________________________ ______________ On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 129046 ________________________________________________________ _____________ MEMORANDUM OPINION Jeffrey D. Westbrook appealed from a judgment signed January 8, 2018. On May 29, 2018, we notified the parties that the clerk’s record had not been filed due to the appellant’s failure to pay or, to arrange to pay the District Clerk’s fee for preparing the clerk’s record. Further, the notice warned Westbrook that the appeal would be dismissed for want of prosecution unless a response was filed by June 28, 2018. Westbrook filed a response on June 11, 2018. 1 The trial court denied Westbrook’s claim of indigence on January 10, 2017, approximately one year before the trial court signed the order that is the subject of this appeal. Westbrook did not challenge the order within ten days of the date it was signed. See Tex. R. Civ. P. 145(g)(2). The clerk responsible for preparing the record in this appeal informed the Court that Westbrook did not arrange to pay for the record. See Tex. R. App. P. 35.3(a). There being no satisfactory explanation for the failure to file the clerk’s record, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); see also Tex. R. App. P. 42.3(b). APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on June 27, 2018 Opinion Delivered June 28, 2018 Before Kreger, Horton, and Johnson, JJ. 2
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