In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00177-CV
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KIERRAH S. BUSHNELL, Appellant
V.
DEMARCUS JAMAL BUSHNELL, Appellee
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On Appeal from the 317th District Court
Jefferson County, Texas
Trial Cause No. C-223,019
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MEMORANDUM OPINION
Appellant, Kierrah S. Bushnell, filed a notice of appeal from the trial court’s
judgment dated June 9, 2016. We remanded the appeal to the trial court for a
determination of the appellant’s indigence. On August 10, 2016, the trial court
sustained the clerk’s contest to the appellant’s affidavit of inability to pay costs for
the appeal. The appellant did not challenge the trial court’s ruling on the contest.
The trial court clerk notified the Court of Appeals that the appellant was not
entitled to appeal without paying fees, and that she neither paid for nor made
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arrangements to pay for preparing the record. On August 23, 2016, we notified the
parties that the appeal would be dismissed unless the appellant remitted the filing
fee for the appeal. In a separate notice, we warned the parties that the appeal would
be dismissed if the appellant failed to pay for a record. The appellant has not
responded to this Court’s notices.
Although given an opportunity to cure, the appellant failed to make
arrangements to pay for a record supporting any issues that she desires to raise in
her appeal. See Tex. R. App. P. 37.3(b). Furthermore, the appellant has not
responded to our notices. See Tex. R. App. P. 42.3(c). We dismiss Bushnell’s
appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
APPEAL DISMISSED.
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LEANNE JOHNSON
Justice
Submitted on October 19, 2016
Opinion Delivered October 20, 2016
Before McKeithen, C.J., Kreger and Johnson, JJ.
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