Jennifer McGowen v. Arturo Rios
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledJuly 23, 2026
Docket09-21-00109-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-21-00109-CV
__________________
JENNIFER MCGOWEN, Appellant
V.
ARTURO RIOS, Appellee
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On Appeal from the County Court at Law No. 6
Montgomery County, Texas
Trial Cause No. 20-31862
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MEMORANDUM OPINION
On March 23, 2021, the trial court signed an Agreed Judgment awarding
possession of the premises, past due rent, and attorney’s fees to Arturo Rios. On May
4, 2021, Appellant Jennifer McGowen filed a notice of appeal. On May 14, 2021,
we abated the appeal after receiving a suggestion of bankruptcy. See Tex. R. App.
P. 8. A supplemental clerk’s record, filed on January 27, 2026, established that the
bankruptcy filings have been dismissed. On January 29, 2026, we reinstated the
appeal on the Court’s active docket. See id. 8.2.
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On May 7, 2026, we notified the parties that Appellant has not remitted the
fee for the appeal. We sent Appellant a certified bill of costs and warned the parties
that unless the filing fee was paid the appeal would be dismissed without further
notice on any date after Friday, May 22, 2026.
On May 7, 2026, the County Clerk notified the Court that he has not received
payment for the record. That day the appellate court clerk issued a notice that it
appears the appellant has not established indigent status for the appeal, and we
warned the parties that the appeal would be dismissed for want of prosecution unless
by Friday, June 5, 2026, we received either proof that satisfactory arrangements to
pay the fee had been made with the County Clerk, or we received a motion which
states the facts relied upon to reasonably explain the need for additional time to file
the record. To date, the Court has received no response to any of the notices.
The appellant failed to comply with a notice from the Clerk requiring a
response or other action within a specified time. See id. 42.3(c). Accordingly, we
dismiss the appeal for want of prosecution. Id. 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on July 22, 2026
Opinion Delivered July 23, 2026
Before Golemon, C.J., Johnson and Chambers, JJ.
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