Rick Smart and Alice Smart v. Robert Clark ( 2024 )

Opinion issued July 2, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00676-CV
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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 Smart 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 October 11, 2023, appellants were notified
that this appeal was subject to dismissal if appellate costs were not paid, or indigence
was not established, by November 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 October 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 November 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 Justices Landau, Countiss, and Guerra.
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