Opinion
06-23-00069-CV
10-19-2023
CHASTITY LUCAS, Appellant v. WILLIAM K. GLEASON, AS EXECUTOR OF THE ESTATE OF ROBERT WALLACEDESPAIN, POLLYANNA DESPAIN, DEBBIE SUE VINCENT, MICHAEL THOMASVINCENT, AND DANIEL LEE VINCENT, Appellee
Date Submitted: October 18, 2023
On Appeal from the 115th District Court Marion County, Texas Trial Court No. 2200085
Before Stevens, C.J., van Cleef and Rambin, JJ.
MEMORANDUM OPINION
Charles van Cleef, Justice
Chastity Lucas, appellant, filed a notice of appeal in this matter on September 1, 2023. Appellant has not filed a docketing statement in accordance with Rule 32.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 32.1. Further, appellant has not tendered the mandatory $205.00 filing fee associated with the appeal, see Tex. R. App. P. 5, and has not filed proof of indigency in lieu of a filing fee, see Tex. R. App. P. 20.1.
"A party who is not excused by statute or these rules from paying costs must pay-at the time an item is presented for filing-whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just." Tex.R.App.P. 5.
By letter dated September 27, 2023, we provided appellant with notice of and an opportunity to cure those defects. See Tex. R. App. P. 42.3(b), (c). The clerk's letter further warned appellant that, if she did not submit an adequate response to the notice by October 10, 2023, this appeal would be subject to dismissal for want of prosecution and for failure to comply with the above-cited rules. Appellant did not file a docketing statement, did not pay the mandatory filing fee, and did not file proof of indigency in lieu of a filing fee. Further, we received no communication from appellant responsive to the September 27, 2023, correspondence. Accordingly, this appeal is ripe for dismissal.
Pursuant to Rule 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.