 
 




                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-14-00111-CV
                            ____________________

                        JOHN WALTER LEE, Appellant

                                         V.

                    MARY JO SCROGGINS-LEE, Appellee
_______________________________________________________             ______________

                On Appeal from the County Court at Law No. 3
                        Montgomery County, Texas
                      Trial Cause No. 13-04-03378 CV
________________________________________________________             _____________

                          MEMORANDUM OPINION

      John Walter Lee filed a notice of appeal but failed to pay the filing fee for

the appeal and failed to file a brief. On July 21, 2014, we notified the parties that

the brief had not been filed and warned the appellant that his failure to file a brief

could result in a dismissal of the appeal for want of prosecution. On August 7,

2014, we notified the parties that the appeal would be submitted to the Court

without oral argument. See Tex. R. App. P. 39.8. On August 8, 2014, we notified



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the parties that the appeal would be dismissed unless the appellant remitted the

filing fee for the appeal. Appellant did not respond to this 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 in the absence of a brief assigning error for appellate review, we

dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1), 42.3.

      APPEAL DISMISSED.


                                              ________________________________
                                                      CHARLES KREGER
                                                            Justice


Submitted on August 28, 2014
Opinion Delivered September 18, 2014

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




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