in the Interest of B.M.A., a Child
This text of in the Interest of B.M.A., a Child (in the Interest of B.M.A., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo ________________________
No. 07-15-00403-CV ________________________
IN THE INTEREST OF B.M.A., A CHILD
On Appeal from the 425th District Court Williamson County, Texas Trial Court No. 14-1261-F425; Honorable Betsy F. Lambeth, Presiding
November 20, 2015
MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant, David S. Ambrose, filed a notice of appeal from the trial court’s order
in a suit affecting the parent-child relationship. By letter dated September 23, 2015, the
Clerk of the Third Court of Appeals advised Ambrose that a filing fee of $205 was
overdue and directed him to submit payment on or before October 2, 2015.1 By letter
dated October 27, 2015, this court also advised Ambrose that the filing fee was
overdue, directed him to pay the filing fee, and notified him that failure to submit
1 After the letter was issued, this appeal was transferred from the Third Court of Appeals to this court by the Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV’T CODE ANN. § 73.001 (West 2013). payment on or before November 9, 2015, would subject the appeal to dismissal
pursuant to Rule 42.3(c) of the Texas Rules of Appellate Procedure.
An inquiry from the Clerk of this court to the Clerk of the Third Court of Appeals
revealed that Ambrose has not responded, paid the filing fee, nor made other
arrangements for the discharge of the filing fee with either this court or the Third Court
of Appeals. See TEX. R. APP. P. 12.1(b). Unless a party is excused from paying a filing
fee, the Clerk of this court is required to collect filing fees set by statute or the Texas
Supreme Court when an item is presented for filing. See id. at 5, 12.1(b). Although the
filing of a proper notice of appeal invokes an appellate court’s jurisdiction, if a party fails
to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Id.
at 25.1(b).
Accordingly, having provided Ambrose a reasonable opportunity to cure this
defect, this appeal is dismissed for failure to comply with a directive from this court
requiring action within a specified time. TEX. R. APP. P. 42.3(c).
Per Curiam
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