In the Matter of the Marriage of Manuel Pena and Roxanne Alvarado Pena and in the Interest of M.P.J., A.E.P., and M.R.P. v. the State of Texas ( 2024 )

NUMBER 13-23-00448-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE MATTER OF THE MARRIAGE OF MANUEL PEÑA AND
ROXANNE ALVARADO PEÑA AND IN THE INTEREST OF M.P.J.,
A.E.P., AND M.R.P.
On appeal from the 444th District Court
of Cameron County, Texas.
MEMORANDUM OPINION
Before Justices Longoria, Silva, and Peña
Memorandum Opinion by Justice Longoria
On October 17, 2023, appellant Manuel Peña filed a pro se notice of appeal from
a final decree of divorce and order for conservatorship. On October 23, 2023, the Clerk
of this Court requested appellant to pay the $205.00 filing fee for the notice of appeal
within ten days. See TEX. R. APP. P. 5 (“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. GOV’T CODE ANN. § 51.207 (delineating the
required fees and costs in an appellate court). The Clerk also advised appellant that the
notice of appeal failed to comply with Texas Rules of Appellate Procedure 9.5(e),
25.1(d)(2), and 25.1(d)(4), and requested correction of these defects. See TEX. R. APP. P.
9.5(e), 25.1(d)(2), 25.1(d)(4); see also id. R. 37.1.
On November 15, 2023, the Clerk notified appellant that he was delinquent in
submitting the filing fee for the notice of appeal and informed him that the appeal would
be dismissed if the filing fee was not paid. See id. R. 42.3(b), (c). On December 14, 2023,
the Clerk again advised appellant that the notice of appeal was defective, requested
correction of the defects, and advised appellant that the appeal would be dismissed if the
defects were not corrected. See id.
To date, appellant has neither paid the filing fee for the notice of appeal nor filed a
corrected notice of appeal. This Court has the authority to dismiss an appeal because the
appellant has 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. See
id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.—San
Antonio 2017, no pet.). Here, appellant has not paid the appellate filing fee and has not
filed a corrected notice of appeal. Accordingly, we dismiss this appeal. See TEX. R. APP.
P. 42.3(b), (c).
NORA L. LONGORIA
Justice
Delivered and filed on the
29th day of February, 2024.
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