Rick and Alice Smart v. Warren Agustus Manuell ( 2023 )

Opinion issued June 29, 2023
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-23-00108-CV
———————————
IN THE INTEREST OF D.A.M., A CHILD
On Appeal from the 253rd District Court
Chambers County, Texas
Trial Court Case No. 21-DCV-0572
MEMORANDUM OPINION
Appellants, Rick and Alice Smart, have neither paid the required fees nor
established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R. APP.
P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a);
Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals,
and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No.
15-9158 (Tex. Aug. 28, 2015). On March 9, 2023, appellants were notified that this
appeal was subject to dismissal if appellate costs were not paid, or indigence was not
established, by April 10, 2023. See TEX. R. APP. P. 42.3(b), (c). Appellants did not
adequately respond.
Further, appellants have not paid or made arrangements to pay the fee for the
preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On February 24,
2023, appellants were notified that this appeal was subject to dismissal if appellants
did not submit written evidence that they had paid or made arrangements to pay the
fee for the preparation of the clerk’s record by March 27, 2023. See TEX. R. APP. P.
42.3(b), (c). Appellants did not adequately respond.
Accordingly, we dismiss the appeal for nonpayment of all required fees and
want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Farris.
2