In the Interest of D.C.C.S., a Child v. the State of Texas

Court of Appeals of Texas

In the Interest of D.C.C.S., a Child v. the State of Texas

DecidedJuly 25, 2024

Docket11-24-00169-CV

StatusPublished

This text of In the Interest of D.C.C.S., a Child v. the State of Texas (In the Interest of D.C.C.S., 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.

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In the Interest of D.C.C.S., a Child v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

Opinion filed July 25, 2024

In The

Eleventh Court of Appeals __________

No. 11-24-00169-CV __________

IN THE INTEREST OF D.C.C.S., A CHILD

On Appeal from the 1st Multicounty Court at Law Nolan County, Texas Trial Court Cause No. CC-8199

MEMORAND UM OPI NI ON Appellant filed a pro se notice of appeal from the trial court’s order in a suit to modify the parent-child relationship. Appellant subsequently filed in this court an unopposed motion to dismiss this appeal. According to the motion, Appellant “can no longer afford legal counsel to assist in the development and perfection of his appeal” and requests that we dismiss the appeal. We note that the civil information form does not indicate that Appellant has filed a statement of inability to afford payment of costs or an affidavit of indigence in the trial court, and Appellant has not filed either document with this court. See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1. As a result, when this appeal was docketed, the clerk of this court requested that Appellant remit the filing fee by June 18 and file a docketing statement on or before July 5. We notified Appellant in writing that the failure to comply with these requirements may result in dismissal of the case. We twice extended Appellant’s deadlines to comply, reminding him in each notice that the case may be dismissed. As of this date, we have not received the filing fee or docketing statement from Appellant. In accordance with Appellant’s request, we grant Appellant’s motion and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). Because Appellant has failed to pay the required filing fee and has failed to comply with this court’s directives, we dismiss the appeal on those grounds as well. See TEX. R. APP. P. 5, 42.3(b), (c).

JOHN M. BAILEY CHIEF JUSTICE

July 25, 2024 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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Opinion filed July 25, 2024

In The

Eleventh Court of Appeals __________

No. 11-24-00169-CV __________

IN THE INTEREST OF D.C.C.S., A CHILD

On Appeal from the 1st Multicounty Court at Law Nolan County, Texas Trial Court Cause No. CC-8199

MEMORAND UM OPI NI ON Appellant filed a pro se notice of appeal from the trial court’s order in a suit to modify the parent-child relationship. Appellant subsequently filed in this court an unopposed motion to dismiss this appeal. According to the motion, Appellant “can no longer afford legal counsel to assist in the development and perfection of his appeal” and requests that we dismiss the appeal. We note that the civil information form does not indicate that Appellant has filed a statement of inability to afford payment of costs or an affidavit of indigence in the trial court, and Appellant has not filed either document with this court. See TEX. R. CIV. P. 145; TEX. R. APP. P. 20.1. As a result, when this appeal was docketed, the clerk of this court requested that Appellant remit the filing fee by June 18 and file a docketing statement on or before July 5. We notified Appellant in writing that the failure to comply with these requirements may result in dismissal of the case. We twice extended Appellant’s deadlines to comply, reminding him in each notice that the case may be dismissed. As of this date, we have not received the filing fee or docketing statement from Appellant. In accordance with Appellant’s request, we grant Appellant’s motion and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). Because Appellant has failed to pay the required filing fee and has failed to comply with this court’s directives, we dismiss the appeal on those grounds as well. See TEX. R. APP. P. 5, 42.3(b), (c).

JOHN M. BAILEY CHIEF JUSTICE

July 25, 2024 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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In the Interest of D.C.C.S., a Child v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-dccs-a-child-v-the-state-of-texas-texapp-2024.