Ninfa Castaneda and Eloy F. Castaneda v. Wilma Garza Chapa, Independent of the Estate of Ninfa McKinzie ( 2023 )

NUMBER 13-23-00357-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
NINFA CASTANEDA AND
ELOY F. CASTANEDA, Appellants,
v.
WILMA GARZA CHAPA,
INDEPENDENT EXECUTOR OF
THE ESTATE OF NINFA MCKINZIE, Appellee.
On appeal from the County Court at Law No. 2
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Silva and Peña
Memorandum Opinion by Justice Silva
Ninfa Castaneda and Eloy F. Castaneda filed a notice of appeal on August 9,
2023, from an amended order compelling discovery entered by the County Court at Law
No. 2 of Nueces County, Texas, in cause number 2018-PR-00266-2A. On August 9,
2023, the Clerk of the Court notified appellants that the $205.00 filing fee would need to
be paid within ten days from the date of the notice. See TEX. R. APP. P. 42.3(c). On
September 19, 2023, the Clerk of the Court again notified appellants that they were
delinquent in remitting a $205.00 filing fee and that the appeal was subject to dismissal if
the fee was not paid within ten days from the date of the notice. On September 20, 2023,
appellants filed a letter advising the Court that they believed the fee was due on October
7, 2023. To date, the filing fee has not been paid.
Texas Rule of Appellate Procedure 42.3 permits an appellate court, on its own
initiative after giving ten days’ notice to all parties, to dismiss the appeal for want of
prosecution for failure to comply with a requirement of the appellate rules. See id. R.
42.3(c). The Court, having considered the documents on file and appellants’ failure to pay
the filing fee, is of the opinion that the appeal should be dismissed. Id. Accordingly, the
appeal is DISMISSED for want of prosecution.
CLARISSA SILVA
Justice
Delivered and filed on the
19th day of October, 2023.
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