Jose Mario Ballesteros v. Sonia Rocio Barrientos ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00402-CV
Jose Mario BALLESTEROS,
Appellant
v.
Sonia Rocio BARRIENTOS,
Appellee
From the 49th Judicial District Court, Webb County, Texas
Trial Court No. 2021FLA001101D1
Honorable Jose A. Lopez, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 25, 2023
DISMISSED FOR WANT OF PROSECUTION
The docketing statement and a filing fee of $205.00 were due when appellant filed his
notice of appeal. See TEX. R. APP. P. 32.1 (providing an appellant in a civil case must file a
docketing statement promptly upon filing the notice of appeal); TEXAS SUPREME COURT ORDER
REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS,
AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION, Misc. Docket No. 15-9158
(Tex. Aug. 28, 2015). On December 16, 2022, we issued an order notifying appellant that the
filing fee had not been paid and the docketing statement had not been filed. We ordered appellant
04-22-00402-CV
to pay the filing fee and file the docketing statement on or before December 29, 2022. Our order
advised appellant that this appeal would be dismissed if the filing fee was not paid and the
docketing statement was not filed.
To date, the filing fee has not been paid and the docketing statement has not been filed.
We therefore dismiss this appeal. See TEX. R. APP. P. 42.3(c) (permitting appellate courts to
dismiss an appeal when appellant fails to comply with a court order); In re E.J.V., No. 04-18-
00035-CV, 2018 WL 151173, at *1 (Tex. App.—San Antonio Mar. 28, 2018, no pet.) (mem. op.)
(dismissing appeal, in part, for failure to comply with order requiring the filing of the docketing
statement).
PER CURIAM
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