In the Interest of T.B.R. and K.A.R., Children v. the State of Texas ( 2024 )

NUMBER 13-23-00592-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF T.B.R. AND K.A.R., CHILDREN
ON APPEAL FROM THE 214TH DISTRICT COURT
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Benavides, Tijerina, and Silva
Memorandum Opinion by Justice Tijerina
On December 20, 2023, appellant Dora Soto filed a notice of appeal from a “Default
Order” in a suit modifying the parent-child relationship. On December 22, 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 Rule of Appellate Procedure 25.1(d)(2) and
25.1(d)(4) and requested correction of these defects. See TEX. R. APP. P. 25.1(d)(2),(4);
see also id. R. 37.1.
On January 24, 2024, the Clerk notified appellant that she was delinquent in
submitting the filing fee for the notice of appeal and informed her that the appeal would
be dismissed if the filing fee was not paid. See id. R. 42.3(b), (c). That same day, 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. R. 25.1(d)(2), (4).
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).
JAIME TIJERINA
Justice
Delivered and filed on the
28th day of March, 2024.
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