In the Interest of R.N.D., a Child v. the State of Texas ( 2024 )

NO. 12-24-00206-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
§ APPEAL FROM THE 294TH
IN THE INTEREST OF
§ JUDICIAL DISTRICT COURT
R.N.D., A CHILD
§ VAN ZANDT COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure 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 TEX. R. APP. P. 42.3(c).
A party who is not excused by statute or the appellate rules from paying costs must pay--
at the time an item is presented for filing--whatever fees are required by statute or Texas
Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may
enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an
appellate court may dismiss an appeal because the appellant 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. TEX. R. APP. P. 42.3(c).
On June 21, 2024, the Clerk of this Court notified Appellant, C.S., that the filing fee in
this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or
before July 1. The date for remitting the filing fee passed, and Appellant has not paid the fee or
otherwise shown that she is excused from paying the fee. 1
Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed.
See TEX. R. APP. P. 42.3(c). 2
Opinion delivered July 10, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
1 The case information sheet from the Van Zandt County District Clerk reflects that Appellant was not
declared indigent in the trial court.
2 We also note that Appellant has not filed the required docketing statement or corrected defects in the
filing of her notice of appeal. See TEX. R. APP. P. 32.1 (docketing statement); see also TEX. CIV. PRAC. & REM.
CODE ANN. § 51.017(a) (West Supp. 2019) (notice of appeal must be served on each court reporter responsible for
preparing reporter’s record); CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) (“Unless a statute authorizes
an interlocutory appeal, appellate courts generally only have jurisdiction over final judgments”).
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JULY 10, 2024
NO. 12-24-00206-CV
IN THE INTEREST OF R.N.D., A CHILD
Appeal from the 294th District Court
of Van Zandt County, Texas (Tr.Ct.No. 19-00200)
THIS CAUSE came to be heard on the appellate record; and the same being considered,
it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be,
and the same is, hereby dismissed; and that this decision be certified to the court below for
observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J