in the Interest of M.F.T. and S.A.T., Children

Court of Appeals of Texas

in the Interest of M.F.T. and S.A.T., Children

DecidedMay 20, 2010

Docket11-10-00071-CV

StatusPublished

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in the Interest of M.F.T. and S.A.T., Children, (Tex. Ct. App. 2010).

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Opinion

Opinion filed May 20, 2010

In The

Eleventh Court of Appeals

__________

No. 11-10-00071-CV

IN THE INTEREST OF M.F.T. AND S.A.T., CHILDREN

On Appeal from the 29th District Court

Palo Pinto County, Texas

Trial Court Cause No. C42895

M E M O R A N D U M O P I N I O N

The parental rights of both parents were terminated by the trial court’s judgment in this case. Each parent filed a notice of appeal. The children’s presumed father, C.W., has failed to pay the required filing fee and has not indicated to this court that he is indigent. Accordingly, we dismiss C.W.’s appeal.

Upon receipt of C.W.’s notice of appeal and the corresponding docketing statement on March 23, 2010, we notified C.W.’s attorney of the deficiency and requested that he remit the $175 filing fee within ten days. We again notified C.W.’s attorney of the deficiency by letter dated April 16, 2010. In response, C.W.’s attorney notified this court that he had sent three letters to C.W. requesting that C.W. either sign an affidavit of indigence or remit $175 for his filing fee in this appeal. C.W.’s attorney also spoke with C.W. twice by telephone regarding this matter. C.W. failed to comply with his attorney’s requests. This court has provided C.W. with ample notice of the deficiency and a reasonable time to remedy it. See Tex. R. App. P. 20.1(c). Because C.W. has been given ample time to remedy the matter but has failed to pay the required filing fee, make arrangements to pay the fee, or file an affidavit of indigence, we dismiss his appeal. Tex. R. App. P. 5, 42.3.

The appeal is dismissed as to C.W.; however, the mother’s appeal in this cause is not dismissed and remains pending in this court.

PER CURIAM

May 20, 2010

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

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Opinion filed May 20, 2010

In The

Eleventh Court of Appeals

__________

No. 11-10-00071-CV

IN THE INTEREST OF M.F.T. AND S.A.T., CHILDREN

On Appeal from the 29th District Court

Palo Pinto County, Texas

Trial Court Cause No. C42895

M E M O R A N D U M O P I N I O N

The parental rights of both parents were terminated by the trial court’s judgment in this case. Each parent filed a notice of appeal. The children’s presumed father, C.W., has failed to pay the required filing fee and has not indicated to this court that he is indigent. Accordingly, we dismiss C.W.’s appeal.

Upon receipt of C.W.’s notice of appeal and the corresponding docketing statement on March 23, 2010, we notified C.W.’s attorney of the deficiency and requested that he remit the $175 filing fee within ten days. We again notified C.W.’s attorney of the deficiency by letter dated April 16, 2010. In response, C.W.’s attorney notified this court that he had sent three letters to C.W. requesting that C.W. either sign an affidavit of indigence or remit $175 for his filing fee in this appeal. C.W.’s attorney also spoke with C.W. twice by telephone regarding this matter. C.W. failed to comply with his attorney’s requests. This court has provided C.W. with ample notice of the deficiency and a reasonable time to remedy it. See Tex. R. App. P. 20.1(c). Because C.W. has been given ample time to remedy the matter but has failed to pay the required filing fee, make arrangements to pay the fee, or file an affidavit of indigence, we dismiss his appeal. Tex. R. App. P. 5, 42.3.

The appeal is dismissed as to C.W.; however, the mother’s appeal in this cause is not dismissed and remains pending in this court.

PER CURIAM

May 20, 2010

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

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