Belmont Franklin Group, LLC and Shandra Champagne v. Hannah Weaver

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00192-CV
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BELMONT FRANKLIN GROUP, LLC AND SHANDRA CHAMPAGNE,
Appellant

V.

HANNAH WEAVER, Appellee

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On Appeal from the 457th District Court
Montgomery County, Texas
Trial Cause No. 24-02-02468-CV
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MEMORANDUM OPINION

On May 23, 2024, Belmont Franklin Group, LLC and Shandra Champagne

filed a notice of appeal from a judgment of the 457th District Court, signed on April

23, 2024. On June 24, 2024, the District Clerk notified the Court that the appellants

had failed to pay or to make the arrangements necessary for the District Clerk to

prepare the clerk’s record. Consequently, we notified the parties that the appellants

had not established indigent status and that the clerk’s record had not been filed due

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to the appellants’ failure to pay or to arrange to pay the fee required to prepare the

clerk’s record. We also warned the appellants that the appeal would be dismissed for

want of prosecution unless the appellants established that they had made the

arrangements required to pay the fee or that they needed more time to do so. See

Tex. R. App. P. 37.3(b). After the Clerk sent the parties a letter warning of the

consequences of a failure to take the action necessary to file the clerk’s record, the

Court did not receive a response.

In the absence of a satisfactory explanation that justifies the appellants’ failure

to pay or make the arrangements needed to pay for the clerk’s record to support their

appeal, we dismiss the appeal for want of prosecution. See id. 37.3(b), 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 28, 2024
Opinion Delivered August 29, 2024

Before Golemon, C.J., Johnson and Chambers, JJ.

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