in the Interest of M. M. M., a Child ( 2023 )

NO. 12-22-00320-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
§ APPEAL FROM THE
IN THE INTEREST OF M.M.M.,
§ COUNTY COURT AT LAW
A CHILD
§ HOUSTON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 42.3.
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 20, 2022, the Clerk of this Court notified Appellant, A.B., that the filing
fee in this appeal is due and that failure to remit the filing fee on or before December 30 would
result in the Court’s taking appropriate action, including dismissal of the case without further
notice. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee passed, and Appellant
has not responded to this Court’s notice, paid the fee, or otherwise shown that she is excused
from paying the fee. 1
1
The case information sheet from the Houston County District Clerk’s Office demonstrates that Appellant
was not declared indigent in the trial court.
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 19, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
2
We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JANUARY 19, 2023
NO. 12-22-00320-CV
IN THE INTEREST OF M.M.M., A CHILD
Appeal from the County Court at Law
of Houston County, Texas (Tr.Ct.No. 19CCL-043)
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.
3