 
 




                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-16-00445-CV
                           ____________________

                   JOSHUA DEL JENNINGS SR., Appellant

                                         V.

                BRITTANY NICOLE RAWLINSON, Appellee
________________________________________________________________________

                    On Appeal from the 75th District Court
                           Liberty County, Texas
                        Trial Cause No. CV1610540
________________________________________________________________________

                          MEMORANDUM OPINION

      Joshua Del Jennings Sr., Appellant, filed a notice of appeal with the trial

court on July 18, 2016. Despite written notices from this Court and an opportunity

to cure, to date, Appellant has neither established indigence nor paid the filing fee

for the appeal. See Tex. R. App. P. 5, 20.1. In addition, no clerk’s record has been

filed, and the clerk responsible for preparing the record in this appeal informed the

Court that Appellant did not make arrangements to pay for the record. See Tex. R.

App. P. 37.3(b). We notified the parties that the appeal would be dismissed unless

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the filing fee was paid and Appellant arranged to file the record. Appellant did not

respond to the Court’s notices.

        Appellant did not file an affidavit of indigence on appeal and has not shown

that he is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1.

There being no satisfactory explanation for the 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.



                                              ________________________________
                                                      CHARLES KREGER
                                                            Justice

Submitted on January 25, 2017
Opinion Delivered January 26, 2017

Before McKeithen, C.J., Kreger and Horton, JJ.




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