DocketNumber： 07-02-00309-CV
Filed Date： 10/10/2002
Status： Precedential
Modified Date： 9/7/2015
NO. 07-02-0309-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
OCTOBER 10, 2002
______________________________
IN THE MATTER OF THE MARRIAGE OF
JANETTE EVE SHULTZ AND DAMON SCOTT SHRAUNER
_________________________________
FROM THE 320 TH DISTRICT COURT OF POTTER COUNTY;
NO. 65270-D; HONORABLE DON EMERSON, JUDGE
_______________________________
Before QUINN and REAVIS, JJ. and BOYD, S.J. (footnote: -6)
DISMISSAL
By letter dated September 24, 2002, this Court directed appellant Damon Scott Shrauner to pay the required filing fee of $125 by Friday, October 4, 2002, before any further action could be taken in this appeal, noting that failure to do so might result in dismissal. Unless a party is excused from paying a filing fee, the Clerk of this Court is required to collect filing fees set by statute or the Supreme Court when an item is presented for filing. See Tex. R. App. P. 5 and 12.1(b). Although the filing of a notice of appeal invokes this Court’s jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Tex. R. App. P. 25.1(b). Thus, because the filing fee of $125 remains unpaid, we must dismiss the appeal.
Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee within ten days. Tex. R. App. P. 42.3(c).
Don H. Reavis
Justice
Do not publish.
FOOTNOTES
-6:
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment .