M.B. v. the State of Texas ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00251-CV
IN THE MATTER OF M.B., A JUVENILE
From the 474th District Court
McLennan County, Texas
Trial Court No. 2023-19-J
MEMORANDUM OPINION
L.M., M.B.’s mother, filed a pro se notice of appeal challenging a judgment
adjudicating that M.B., a juvenile, engaged in delinquent behavior that resulted in a
disposition and order of probation, as well as an order that L.M. pay $5 per month for
probation fees. By letter dated September 11, 2023, the Clerk of this Court notified L.M.
that the appeal is subject to dismissal because the original filing fee has not been paid.
See TEX. FAM. CODE ANN. § 56.01(b) (“The requirements governing an appeal [under the
Juvenile Justice Code] are as in civil cases generally. When an appeal is sought by filing
a notice of appeal, security for costs of appeal, or an affidavit of inability to pay the costs
of appeal, and the filing is made in a timely fashion after the date the disposition order is
signed, the appeal must include the juvenile court adjudication and all rulings
contributing to that adjudication.”). The September 11, 2023 letter warned L.M. that the
Court would dismiss the appeal unless, within twenty-one days from the date of the
letter, she paid the filing fee or obtained indigent status for the purpose of this appeal.
Twenty-one days have passed, and L.M. has not paid the filing fee or notified this Court
that she has been determined to be indigent. Accordingly, we dismiss this appeal. See
TEX. R. APP. P. 42.3(c).
STEVE SMITH
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
(Chief Justice Gray dissents.)
Appeal dismissed
Opinion delivered and filed October 26, 2023
[CV06]
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