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Byron G.Sadler, Sandra Sadler, Lacy Harber, Dorothy Harber, and LJH, Ltd. v. Eric White ( 2024 )


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  •                            NUMBER 13-23-00512-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    BYRON G. SADLER, SANDRA SADLER,
    LACY HARBER, DOROTHY HARBER,
    AND LJH, LTD.,                                                              Appellants,
    v.
    ERIC WHITE,                                                                    Appellee.
    ON APPEAL FROM THE 198TH DISTRICT COURT
    OF KERR COUNTY, TEXAS
    MEMORANDUM OPINION
    Before Justices Benavides, Tijerina, and Silva
    Memorandum Opinion by Justice Benavides
    On October 30, 2023, appellants Byron G. Sadler, Sandra Sadler, Lacy Harber,
    Dorothy Harber, and LJH, Ltd. filed a notice of appeal from the trial court’s “Order Granting
    Temporary Injunction.” 1 On January 9, 2024, the Clerk of this Court requested that
    appellants pay the $205.00 filing fee associated with the notice of appeal. 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 in an appellate court). The
    Clerk also advised appellant that failing to pay the filing fee within ten days of the Clerk’s
    notice would result in the dismissal of the appeal. See TEX. R. APP. P. 42.3(c).
    On April 4, 2024, the Court notified appellants via written order that the $205.00
    filing fee associated with their notice of appeal was still delinquent. See id. R. 5; TEX.
    GOV’T CODE ANN. § 51.207. We also informed appellants that a failure to pay the filing fee
    within ten days of our order would result in the dismissal of the appeal. See TEX. R. APP.
    P. 42.3(c).
    To date, appellants have not paid the requisite filing fee associated with their notice
    of appeal. This Court has the authority to dismiss an appeal because an 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(c);
    JMJ Holding, LLC v. GRGTX Lobbying, LLC, 
    516 S.W.3d 577
    , 577 (Tex. App.—San
    Antonio 2017, no pet.) (mem. op.) (per curiam). Accordingly, because appellants have
    failed to pay the necessary filing fee, we dismiss the appeal. See TEX. R. APP. P. 5,
    1 This appeal was transferred to this Court from the Fourth Court of Appeals in San Antonio by
    order of the Texas Supreme Court. See TEX. GOV’T CODE ANN. § 73.001 (granting the supreme court the
    authority to transfer cases from one court of appeals to another at any time that there is “good cause” for
    the transfer).
    2
    42.3(c); TEX. GOV’T CODE ANN. § 51.207.
    GINA M. BENAVIDES
    Justice
    Delivered and filed on the
    2nd day of May, 2024.
    3
    

Document Info

Docket Number: 13-23-00512-CV

Filed Date: 5/2/2024

Precedential Status: Precedential

Modified Date: 5/4/2024