                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-16-00168-CV
                            ____________________

     EVERGREEN FABRICATION & INDUSTRIAL SERVICES, LLC,
                        Appellant

                                         V.

                   ROBERT H. DODD SR., ET AL, Appellees
_______________________________________________________             ______________

                    On Appeal from the 172nd District Court
                           Jefferson County, Texas
                          Trial Cause No. E-196,661
________________________________________________________             _____________

                          MEMORANDUM OPINION

      Evergreen Fabrication & Industrial Services, LLC filed a notice of

accelerated appeal with the trial court on May 12, 2016. To date, despite written

notices from this Court and an opportunity to cure, the appellant has established

neither indigence nor paid the filing fee for the appeal. See Tex. R. App. P. 5, 20.1.

Additionally, no clerk’s record has been filed. On May 23, 2016, we notified the

parties that the appeal would be dismissed unless the filing fee was paid, and we


                                          1
required that the appellant notify us that it had arranged to file the record.

Alternatively, we required that the appellant provide the Court with valid reasons

explaining why it needed additional time 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 it 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 accelerated appeal for want of prosecution. See Tex. R.

App. P. 37.3(b); Tex. R. App. P. 42.3.

      APPEAL DISMISSED.


                                              ________________________________
                                                      HOLLIS HORTON
                                                           Justice


Submitted on June 29, 2016
Opinion Delivered June 30, 2016

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




                                          2
