In the Estate of Helen Gary v. the State of Texas ( 2023 )

Opinion issued August 29, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-22-00770-CV
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IN THE ESTATE OF HELEN RHEA GARY, DECEASED
On Appeal from the 20th District Court
Milam County, Texas1
Trial Court Case No. CV37283
MEMORANDUM OPINION
Appellants, Paulette Gay Owens, Josh Owens, Errol Bruce Gary, Kathleen
Phillips, and Rhea Pringle, filed a notice of appeal from the trial court’s August 9,
2022 order. Appellants have neither established indigence for purposes of costs nor
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Pursuant to its docket equalization authority, the Supreme Court of Texas
transferred this appeal to this Court. See Misc. Docket No. 22–9083 (Tex. Sept. 27,
2022); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of cases);
TEX. R. APP. P. 41.3.
paid or made arrangements to pay the fee for the preparation of the clerk’s record.
See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1(a), 37.3(b). On October 24, 2022,
appellants were notified that this appeal was subject to dismissal if they did not
submit written evidence that they had paid or made arrangements to pay the fee for
the preparation of the clerk’s record by November 23, 2022. See TEX. R. APP. P.
37.3(b), 42.3(b), (c). Appellants did not adequately respond.
Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.
P. 37.3(b), 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Landau, and Farris.
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