Opinion
NO. 09-15-00428-CV
01-14-2016
On Appeal from the County Court at Law No. 3 Montgomery County, Texas
Trial Cause No. 13-08-08579-CV
MEMORANDUM OPINION
On November 20, 2015, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for the filing of the record or the appellant explained why additional time was needed to file the record. Additionally, the cost bill for the filing fee for the appeal issued on September 4, 2015, but the filing fee for the appeal has not been paid.
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 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).
Appellant did not file an affidavit of indigence on appeal and has not shown that she is entitled to proceed without payment of costs. See generally Tex. R. App. P. 20.1. Appellant failed to comply with notices that required a response. See Tex. R. App. P. 42.3(c). We dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3.
APPEAL DISMISSED.
/s/_________
HOLLIS HORTON
Justice Submitted on January 13, 2016
Opinion Delivered January 14, 2016 Before McKeithen, C.J., Horton and Johnson, JJ.