In the Interest of C.L.J., a Child v. the State of Texas
This text of In the Interest of C.L.J., a Child v. the State of Texas (In the Interest of C.L.J., a Child v. the State of Texas) 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
NUMBER 13-24-00138-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF C.L.J., A CHILD
ON APPEAL FROM THE 156TH DISTRICT COURT OF SAN PATRICIO COUNTY, TEXAS
MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Silva Memorandum Opinion by Justice Benavides
On February 26, 2024, appellant, Christian Johnson, filed a pro se notice of appeal
from a Final Order in suit affecting the parent-child relationship in trial court cause number
S-23-5554FL-B. On March 1, 2024, the Clerk of the Court 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). The
Clerk also advised appellant that the notice of appeal failed to comply with Texas Rules
of Appellate Procedure 9.5(e), 25.1(d)(1), (2), (4), and (5), and requested correction of
these defects. See TEX. R. APP. P. 9.5(e), 25.1(d); see also id. R. 37.1.
On March 21, 2024, and April 10, 2024, the Clerk notified appellant that he was
delinquent in submitting 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 id. R. 42.3(c). On April 10,
2024, the Clerk again advised appellant that the notice of appeal was defective, requested
correction of the defects, and advised appellant that the appeal would be dismissed if the
defects were not corrected. See id.
To date, appellant has neither paid the filing fee for the notice of appeal nor filed a
corrected notice of appeal. This Court has the authority to dismiss an appeal because the
appellant has 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. See
id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.—San
Antonio 2017, no pet.). Here, appellant has not paid the appellate filing fee and has not
filed a corrected notice of appeal. Accordingly, we dismiss this appeal. See TEX. R. APP.
P. 42.3(b), (c).
GINA M. BENAVIDES Justice
Delivered and filed on the 6th day of June, 2024.
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