Court of Appeals of Texas, 2021

in the Interest of E. M. P., a Child

Court of Appeals of Texas · Decided January 21, 2021

Opinion

NO. 12-20-00280-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE IN THE INTEREST OF

§ COUNTY COURT AT LAW NO. 1 E.M.P., A CHILD

§ ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(c).

A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c).

On January 4, 2021, the Clerk of this Court notified Appellant, B.P., that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before January 14. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that he is excused from paying the fee. 1

Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). 2 Opinion delivered January 21, 2021.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT JANUARY 21, 2021 NO. 12-20-00280-CV IN THE INTEREST OF E.M.P., A CHILD Appeal from the County Court at Law No. 1 of Angelina County, Texas (Tr.Ct.No. CV-00155-17-03)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

1 The case information sheet from the Angelina County District Clerk’s Office demonstrates that Appellant was not declared indigent in the trial court. 2 We also note that, despite notices from this Court, Appellant has not filed the required docketing statement or made payment arrangements to pay the fee for the clerk’s record. See TEX. R. APP. P. 32.1; TEX. R. APP. P. 35.3(a). Both such failures render an appeal subject to dismissal. See TEX. R. APP. P. 37.3(b); TEX. R. APP. P. 42.3(b)-(c).

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