In the Matter of the Marriage of Paul Wade Wicker and Kimberly Michelle Wicker v. the State of Texas ( 2024 )

NO. 12-24-00112-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
IN THE MATTER OF THE § APPEAL FROM THE 18TH
MARRIAGE OF PAUL WADE
§ JUDICIAL DISTRICT COURT
WICKER AND KIMBERLY
MICHELLE WICKER § JOHNSON 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. 1 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. 2 TEX. R. APP. P. 42.3(c).
1
This case was transferred to this Court from the Tenth Court of Appeals in Waco, Texas, pursuant to a
docket equalization order. See TEX. GOV’T CODE ANN. § 73.001 (West 2013).
2
Pro se litigants, such as Appellant, are held to the same standards as licensed attorneys and must comply
with all applicable rules of procedure; otherwise, pro se litigants would benefit from an unfair advantage over parties
represented by counsel. Muhammed v. Plains Pipeline, L.P., No. 12-16-00189-CV, 2017 WL 2665180, at *2 n.3
(Tex. App.—Tyler June 21, 2017, no pet.) (mem. op.).
On April 26, 2024, the Clerk of this Court notified Appellant, Paul Wade Wicker, that the
filing fee in this appeal is due and the appeal would be subject to dismissal if the fee was not paid
on or before May 6. The date for remitting the filing fee passed, and Appellant has not paid the
fee or otherwise shown that he is excused from paying the fee. 3
Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed.
See TEX. R. APP. P. 42.3(c).
Opinion delivered May 31, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
3
The online Johnson County judicial records do not reflect that Appellant was declared indigent in the trial
court.
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
MAY 31, 2024
NO. 12-24-00112-CV
IN THE MATTER OF THE MARRIAGE OF PAUL WADE WICKER AND KIMBERLY
MICHELLE WICKER
Appeal from the 18th District Court
of Johnson County, Texas (Tr.Ct.No. DC-D202200291)
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.