NO. 12-23-00312-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS CORNELIUS BUTLER, § APPEAL FROM THE 241ST INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF BETTY BUTLER, APPELLANT § JUDICIAL DISTRICT COURT V. TYLER OPS LTC., INC. D/B/A PETAL § SMITH COUNTY, TEXAS HILL NURSING & REHABILITATION, APPELLEE 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 December 15, 2023, the Clerk of this Court notified Appellant, Cornelius Butler, Individually and on Behalf of the Estate of Betty Butler, 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 December 27. 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.2 See TEX. R. APP. P. 42.3(c).

Opinion delivered January 10, 2024.

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

The case information sheet from the Smith County District Clerk’s Office reflects that Appellant was not declared indigent in the trial court.

Nor has Appellant filed the required docketing statement. See TEX. R. APP. P. 32.1.

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JANUARY 10, 2024

NO. 12-23-00312-CV

CORNELIUS BUTLER, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF BETTY BUTLER, Appellant V. TYLER OPS LTC., INC. D/B/A PETAL HILL NURSING & REHABILITATION, Appellee

Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 21-1988-C)

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.