in the Interest of E.T.N., Jr., a Child ( 2011 )

MEMORANDUM OPINION
No. 04-11-00773-CV
IN THE INTEREST OF E.T.N., JR., A CHILD
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2011-PA-00247
Honorable Ricardo H. Garcia, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: December 14, 2011
DISMISSED
A filing fee of $175.00 was due from appellants when this appeal was filed but was not
paid. See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a)(1) (Vernon 2005); Texas Supreme
Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of
Appeals (July 21, 1998) § B.1.(a). Rule 5 of the Texas Rules of Appellate Procedure provides:
A party who is not excused by statute or these rules from paying costs must pay –
at the time an item is presented for filing – whatever fees are required by statute
or Supreme Court order. The appellate court may enforce this rule by any order
that is just.
TEX. R. APP. P. 5.
Accordingly, on November 14, 2011, this court ordered appellants to either (1) pay the
applicable filing fee or (2) provide written proof to this court that they are excused by statute or
04-11-00773-CV
the Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that
indigent party who complies with provisions of that rule may proceed without advance payment
of costs). Our order informed appellants that if they failed to provide such written proof within
the time ordered, this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellants have not
responded. Accordingly, this appeal is dismissed. Costs of appeal are assessed against
appellants.
PER CURIAM
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