In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00103-CV
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IN THE INTEREST OF Z.P. AND L.P.
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On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 10-09-10212-CV
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MEMORANDUM OPINION
R.L.P., the father of Z.P. and L.P., appealed from the final order in a
proceeding filed by his former spouse that modified a prior order—the order
establishing the rights of joint custody between R.L.P. and the mother of Z.P. and
L.P. After R.L.P. filed his appeal, the Clerk of the Ninth Court of Appeals sent him
notices to explain he needed to establish indigence to proceed in the appeal without
paying the required filing fee. But R.L.P. failed to respond to the letters, and R.L.P.
never filed evidence to support any allegations claiming indigence. And R.L.P. did
not respond to the letters by paying a filing fee in his appeal. See Tex. R. App. P. 5,
20.1. Finally, R.L.P. has neither arranged to pay the appellate filing fee or arranged
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to pay the fee proposed by the District Clerk to secure a clerk’s record to support his
appeal. See Tex. R. App. P. 37.3(b).
On June 16, 2021, the Clerk of the Ninth Court of Appeals notified the parties
the Court would dismiss the appeal unless R.L.P. paid the required filing fee. In
response to the notice, R.L.P. failed to file any response. In the absence of
satisfactory explanations justifying R.L.P.’s failure to pay the filing fee for his
appeal and his failure to arrange to pay for a clerk’s record to support his appeal, we
dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3.
APPEAL DISMISSED.
PER CURIAM
Submitted on August 25, 2021
Opinion Delivered August 26, 2021
Before Golemon, C.J., Kreger and Horton, JJ.
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