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In re Marriage of Thomas

Court of Appeals Sixth Appellate District of Texas at Texarkana
Mar 9, 2021
No. 06-20-00091-CV (Tex. App. Mar. 9, 2021)

Opinion

No. 06-20-00091-CV

03-09-2021

IN THE MATTER OF THE MARRIAGE OF BONNIE ALLEN THOMAS AND LLOYD GRIFFITH THOMAS


On Appeal from the 18th District Court Johnson County, Texas
Trial Court No. DC-D202000937 Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION

Bonnie Allen Thomas, appellant, filed a notice of appeal in this matter on November 11, 2020. The clerk's record was due to be filed with this Court on or before January 27, 2021. The reporter's record was due to be filed with this Court on or before December 28, 2020. Thomas is not indigent and is thus responsible for paying or making adequate arrangements to pay the clerk's and reporter's fees for preparing the respective records. See TEX. R. APP. P. 37.3(b), (c). The district clerk has informed this Court that a designation has not been received and that the fee has not been paid for the preparation of the clerk's record. The court reporter has likewise informed this Court that she has not received a designation or payment for the reporter's record.

Originally appealed to the Tenth Court of Appeals in Waco, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001. We are unaware of any conflict between precedent of the Tenth Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.

By letter dated January 28, 2021, Thomas was provided with notice of and an opportunity to cure this defect. See TEX. R. APP. P. 42.3(b), (c). The clerk's letter further warned Thomas that, if she did not submit an adequate response to the notice by February 8, 2021, this appeal would be subject to dismissal for want of prosecution and for failure to comply with the above-cited rules. Thomas did not pay for the preparation of the clerk's record or the reporter's record and did not file proof of indigency. See TEX. R. APP. P. 20.1. Further, we received no communication from Thomas responsive to the January 28 correspondence. Accordingly, this appeal is ripe for dismissal.

Thomas likewise did not file a docketing statement in accordance with Rule 32.1 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 32.1, and did not tender the mandatory $205.00 filing fee associated with the appeal, see TEX. R. APP. P. 5. --------

Pursuant to Rule 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.

Josh R. Morriss, III

Chief Justice Date Submitted: March 8, 2021
Date Decided: March 9, 2021


Summaries of

In re Marriage of Thomas

Court of Appeals Sixth Appellate District of Texas at Texarkana
Mar 9, 2021
No. 06-20-00091-CV (Tex. App. Mar. 9, 2021)
Case details for

In re Marriage of Thomas

Case Details

Full title:IN THE MATTER OF THE MARRIAGE OF BONNIE ALLEN THOMAS AND LLOYD GRIFFITH…

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Mar 9, 2021

Citations

No. 06-20-00091-CV (Tex. App. Mar. 9, 2021)