Christopher Saldarriaga v. Shay-Lynn Roland

• Court: Court of Appeals of Texas
• Decided: March 20, 2024
• Docket: 08-24-00033-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

CHRISTOPHER SALDARRIAGA, § No. 08-24-00033-CV

Appellant, § Appeal from the

v. § 408th Judicial District Court

SHAY-LYNN ROLAND, § of Bexar County, Texas

Appellee. § (TC# 2016CI17646)

MEMORANDUM OPINION

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 February 2, 2024, the Clerk of the Fourth Court of Appeals sent Appellant a letter

requesting payment of the required filing fee. 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). The letter

sent via counsel of record notified Appellant that his appeal would be subject to dismissal if he did

not pay the fee by February 12, 2024.

On February 23, 2024, this case was transferred to this Court, and on February 27, 2024,

the Clerk of this Court sent Appellant’s counsel second notice requesting payment of the filing fee

within 20 days of the date of the notice. As of this date, which is more than 20 days after the date of the second notice, Appellant has not paid the filing fee or otherwise shown he is excused from

paying the required 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). All pending motions are denied as moot. Accordingly, we dismiss

this appeal. See TEX. R. APP. P. 5, 42.3(c).

GINA M. PALAFOX, Justice

March 20, 2024

Before Alley, C.J., Palafox and Soto, JJ.