In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00195-CV
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JENNIFER M. BIRDWELL, Appellant
V.
APRIL SOUND PROPERTY OWNERS’ ASSOCIATION, INC., Appellee
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On Appeal from the 410th District Court
Montgomery County, Texas
Trial Cause No. 16-09-11349-CV
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MEMORANDUM OPINION
Jennifer M. Birdwell, Appellant, filed a notice of appeal from a final
judgment. Despite written notices from this Court and an opportunity to cure,
Appellant has neither established indigence nor paid the filing fee for the appeal. See
Tex. R. App. P. 5, 20.1. Additionally, a clerk’s record has not been filed, and the
clerk who is responsible for preparing the record in this appeal informed the Court
that Appellant did not arrange to pay for the record. See Tex. R. App. P. 37.3(b). On
June 15, 2018, we notified the parties that the clerk’s record had not been filed due
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to Appellant’s failure to pay or, to arrange to pay the fee for preparing the clerk’s
record, and we warned Appellant that the appeal would be dismissed unless she
arranged to pay the fee for the clerk’s record. On June 19, 2018, we notified the
parties that the appeal would be dismissed unless the filing fee was paid. Appellant
did not respond to the Court’s notices.
There being no satisfactory explanation for Appellant’s failure to pay the
filing fee for the appeal, and there being no satisfactory explanation for the failure
to file the clerk’s record, we dismiss the appeal for want of prosecution. See Tex. R.
App. P. 37.3(b), 42.3.
APPEAL DISMISSED.
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LEANNE JOHNSON
Justice
Submitted on August 15, 2018
Opinion Delivered August 16, 2018
Before Kreger, Horton, and Johnson, JJ.
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