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Randall v. Mills

Court of Appeals of Texas, Ninth District, Beaumont
Sep 6, 2007
No. 09-06-505 CV (Tex. App. Sep. 6, 2007)

Opinion

No. 09-06-505 CV

Opinion Delivered September 6, 2007.

On Appeal from the County Court at Law No. 2, Montgomery County, Texas, Trial Cause No. 06-20,680.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.


MEMORANDUM OPINION


In this appeal from a judgment for possession of residential premises, the trial court sustained a contest to Kimberley Randall's affidavit of indigence. We directed the parties to file briefs on the contest, but the appellant did not file a response. On June 14, 2007, we notified the parties that the appeal would proceed with the appellant being responsible for the payment of costs. The appellant did not file the clerk's or reporter's records and did not pay the filing fee for the appeal. On July 5, 2007, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record. The appellant did not respond.

The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b), 42.3. Costs are assessed against the appellant.

APPEAL DISMISSED.


Summaries of

Randall v. Mills

Court of Appeals of Texas, Ninth District, Beaumont
Sep 6, 2007
No. 09-06-505 CV (Tex. App. Sep. 6, 2007)
Case details for

Randall v. Mills

Case Details

Full title:KIMBERLEY RANDALL, Appellant v. DAVID W. MILLS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Sep 6, 2007

Citations

No. 09-06-505 CV (Tex. App. Sep. 6, 2007)