R. Wayne Johnson v. Barbara Adamick

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-004 CV ____________________

R. WAYNE JOHNSON, Appellant

V.

BARBARA ADAMICK, Appellee

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On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 04-07-05628-CV

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MEMORANDUM OPINION

R. Wayne Johnson filed notice of appeal from the dismissal of his suit against Barbara Adamick and filed a motion for indigent status on appeal. The trial court sustained the clerk's and court reporter's contest to the appellant's motion for indigent status and ordered Johnson to pay appellate costs. Tex. R. App. P. 20.1(k). On October 13, 2005, we held the appellant is not entitled to proceed without payment of costs as ordered by the trial court, and provided notice that the appeal would be dismissed for want of prosecution thirty days from the date of the order unless the appellant paid the filing fee and provided proof of payment arrangements for preparation of the appellate record. Tex. R. App. P. 37.3. R. Wayne Johnson has not remitted the filing fee, nor has he submitted evidence that he has arranged for preparation of the clerk's record and the reporter's record. Failure to file the clerk's record because the appellant failed to pay for the record is grounds for dismissal for want of prosecution. Tex. R. App. P. 37.3(b). The appellant failed to timely comply with our order of October 13, 2005. Tex. R. App. P. 42.3(c). The appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3(b), (c).

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered January 12, 2006

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