Bethany Custard v. Matthew Hampton Roberts

• Court: Court of Appeals of Texas
• Decided: May 29, 2024
• Docket: 08-24-00107-CV
• Status: Published

Opinion

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

1 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)