Ray Otha Cheers, III v. Letitia Maria Cheers

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
RAY OTHA CHEERS, III, § No. 08-23-00050-CV
Appellant, § Appeal from the
v. § 146th Judicial District Court
LETITIA MARIA CHEERS, § of Bell County, Texas
Appellee. § (TC# 21DFAM326354)
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. 1 Finding that the Appellant has not paid the $205 filing fee or
shown he is excused from paying the filing fee, we dismiss the appeal for want of prosecution.
On February 2, 2023, the Clerk of the Court sent a second request for payment of the $205
case filing fee. The letter notified Appellant that failure to pay the case filing fee or a statement of
inability to pay costs within twenty days of the notice could result in dismissal of the appeal for
want of prosecution. See TEX. R. APP. P. 42.3(b) and (c). As of this date, Appellant has not paid
the filing fee or otherwise shown he is excused from paying the fee.
1
We hear this case on transfer from the Third Court of Appeals in Austin. See TEX. R. APP. P. 41.3.
Accordingly, we dismiss this appeal for want of prosecution. See id.
GINA M. PALAFOX, Justice
March 7, 2023
Before Rodriguez, C.J., Palafox, and Soto, JJ.
2