In the Estate of Victor Glen Rosborough v. the State of Texas

Court of Appeals of Texas

In the Estate of Victor Glen Rosborough v. the State of Texas

DecidedSeptember 30, 2024

Docket12-24-00269-CV

StatusPublished

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In the Estate of Victor Glen Rosborough v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

NO. 12-24-00269-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE

IN THE ESTATE OF VICTOR GLEN § COUNTY COURT AT LAW NO. 2 ROSBOROUGH, DECEASED § GREGG COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(c). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c). On September 3, 2024, the Clerk of this Court notified Appellant, Tori Woods, that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before September 13. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that she is excused from paying the fee. 1

1 The case information sheet from the Gregg County Clerk reflects that Appellant was not declared indigent

in the trial court.

1 Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). All pending motions are overruled as moot.

Opinion delivered September 30, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 30, 2024

IN THE ESTATE OF VICTOR GLEN ROSBOROUGH, DECEASED

Appeal from the County Court at Law No 2 of Gregg County, Texas (Tr.Ct.No. 2024-0140-E)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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NO. 12-24-00269-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE

IN THE ESTATE OF VICTOR GLEN § COUNTY COURT AT LAW NO. 2 ROSBOROUGH, DECEASED § GREGG COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(c). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c). On September 3, 2024, the Clerk of this Court notified Appellant, Tori Woods, that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before September 13. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that she is excused from paying the fee. 1

1 The case information sheet from the Gregg County Clerk reflects that Appellant was not declared indigent

in the trial court.

1 Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). All pending motions are overruled as moot.

Opinion delivered September 30, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 30, 2024

IN THE ESTATE OF VICTOR GLEN ROSBOROUGH, DECEASED

Appeal from the County Court at Law No 2 of Gregg County, Texas (Tr.Ct.No. 2024-0140-E)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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