Michael Morlen v. LeDuc Properties

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00313-CV
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MICHAEL MORLEN, Appellant

V.

LEDUC PROPERTIES, Appellee

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On Appeal from the County Court at Law No. 1
Jefferson County, Texas
Trial Cause No. 25CCCV0610
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MEMORANDUM OPINION

On August 21, 2025, Michael Morlen filed a notice of appeal from a final

order signed on August 18, 2025, from the County Court at Law Number One. Upon

receiving the notice of appeal from Appellant, the Clerk of the Court issued an

invoice for the filing fee for the appeal. By letter dated October 10, 2025, we notified

the parties that Appellant had not paid the filing fee as directed in our letter and

invoice previously forwarded to Appellant. A Certified Bill of Costs for the filing

fee was enclosed and provided to Appellant. We warned Appellant in our letter dated

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October 10, 2025, that unless the filing fee was paid, the appeal would be dismissed

without further notice on any date after Monday, October 27, 2025. See Tex. R. App.

P. 42.3(c). As of this date, Appellant has failed to pay the filing fee as directed by

this Court.

On October 21, 2025, the County Clerk notified the Court that Appellant had

failed to pay or to make the arrangements necessary for the County Clerk to prepare

the clerk’s record. We notified the parties that Appellant had not established indigent

status, and that the clerk’s record had not been filed due to Appellant’s failure to pay

or to arrange to pay the fee required to prepare the clerk’s record. We warned

Appellant that the appeal would be dismissed for want of prosecution unless

Appellant established that he had made the arrangements required to pay the fee or

that he needed more time to do so. See id. 37.3(b). After the Clerk of this Court 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.

Appellant has not paid the filing fee for the appeal, nor has he explained why

he has not paid the fee for the clerk’s record; therefore, we dismiss the appeal for

want of prosecution. Id. 5, 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM
Submitted on December 3, 2025
Opinion Delivered December 4, 2025
Before Golemon, C.J., Wright and Chambers, JJ.
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