Bethany Custard v. Matthew Hampton Roberts ( 2024 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
BETHANY CUSTARD, § No. 08-24-00107-CV
Appellant, § Appeal from the
v. § 261st District Court
MATTHEW HAMPTON ROBERTS, § of Travis County, Texas
Appellee. § (TC#D-1-FM-21-003470)
MEMORANDUM OPINION 1
This appeal is before the Court on its own motion to determine whether it should be
dismissed. See Tex. R. App. P. 42.3.
On April 15, 2024, the Clerk of the Third Court of Appeals sent Appellant a letter notifying
her that this appeal would be subject to dismissal if she did not pay the required filing on or before
April 25, 2024. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless a party is
excused by statute or by appellate rules from paying costs). After this cause was transferred to this
Court, the Clerk of this Court sent Appellant, on April 30, 2024, a second notice informing her
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The appeal was transferred to this Court from the Third Court of Appeals pursuant to a Texas Supreme Court docket
equalization order.
that this appeal would be subject to dismissal if she did not pay the required filing fee by May 20,
2024.
As of this date, Appellant still has not paid the filing fee or otherwise shown she is excused
from paying this fee. See Tex. R. App. P. 42.3(c) (authorizing an appellate court to dismiss an
appeal where an appellant fails to comply with a notice from the clerk requiring a response or other
action within a specified time). Accordingly, we dismiss the appeal. See Tex. R. App. P. 5, 42.3(c).
GINA M. PALAFOX, Justice
May 29, 2024
Before Palafox, J., Soto, J., and Barajas, C.J. (Ret.)
Barajas, C.J. (Ret.) (Sitting by Assignment)
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