In the Interest of S.B.R., Minor Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 13, 2023
• Docket: 13-23-00138-CV
• Status: Published

Opinion

NUMBER 13-23-00138-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE INTEREST OF S.B.R., MINOR CHILD.

On appeal from the 105th District Court of Nueces County, Texas.

MEMORANDUM OPINION Before Justices Tijerina, Silva, and Peña Memorandum Opinion by Justice Tijerina

On March 29, 2023, appellant Miranda Jean Reynolds filed a notice of appeal from

an order signed on March 14, 2023, in a suit affecting the parent-child relationship. On

April 6, 2023, 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)(1), 9.5(e)(2), 9.5(e)(3), 25.1(d)(2), and 25.1(d)(4). See TEX. R. APP. P.

9.5(e)(1), 9.5(e)(2), 9.5(e)(3), 25.1(d)(2), 25.1(d)(4); see also id. R. 37.1. On April 20,

2023, the Clerk notified appellant that she was delinquent in remitting the filing fee for the

notice of appeal and informed her that the appeal would be dismissed if the filing fee was

not paid. See TEX. R. APP. P. 42.3(b), (c). On June 13, 2023, 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 cured. 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).

JAIME TIJERINA Justice

Delivered and filed on the 13th day of July, 2023.