In Re Monty George Stumbaugh v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2024
• Docket: 13-24-00056-CV
• Status: Published

Opinion

NUMBER 13-24-00056-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE MONTY GEORGE STUMBAUGH

ON APPEAL FROM THE 332ND DISTRICT COURT OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Peña Memorandum Opinion by Chief Justice Contreras

On January 25, 2024, appellant Liborio Plata filed a notice of appeal from an order

granting a presuit deposition under Texas Rule of Civil Procedure 202. See TEX. R. CIV.

P. 202. The order subject to appeal provides that Monty George Stumbaugh is entitled to

take appellant’s deposition “in anticipation of suit.” See id. R. 202.1.

On February 2, 2024, the Clerk of this Court advised appellant that it appeared

that there was not a final, appealable order. See TEX. R. APP. P. 42.3(a); In re Jorden,

249 S.W.3d 416, 419 (Tex. 2008) (orig. proceeding) (holding that a ruling on a Rule 202 petition constitutes a final, appealable order “only if [the pre-suit deposition is] sought from

someone against whom suit is not anticipated” and is neither final nor appealable when

“sought from an anticipated defendant”). The Clerk informed appellant that the appeal

would be dismissed if this defect was not cured. The Clerk also requested appellant to

pay the $205.00 filing fee for the notice of appeal within ten days. See TEX. R. APP. P. 5

(“A party who is not excused by statute or these rules from paying costs must pay—at the

time an item is presented for filing—whatever fees are required by statute or Supreme

Court order. The appellate court may enforce this rule by any order that is just.”); TEX.

GOV’T CODE ANN. § 51.207 (delineating the required fees and costs in an appellate court).

On February 20, 2024, the Clerk notified appellant that he was delinquent in submitted

the filing fee for the notice of appeal and informed him that the appeal would be dismissed

if the filing fee was not paid. See TEX. R. APP. P. 42.3(b), (c).

The Court, having examined and fully considered the documents on file, is of the

opinion that the appeal should be dismissed. To date, appellant has not responded to the

Clerk’s notices, corrected the defect in the appeal, or paid the filing fee for the notice of

appeal. Accordingly, we dismiss this appeal. See id. R. 42.3(a), (b), (c).

DORI CONTRERAS Chief Justice

Delivered and filed on the 21st day of March, 2024.