In the Interest of T.B.R. and K.A.R., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 28, 2024
• Docket: 13-23-00592-CV
• Status: Published

Opinion

NUMBER 13-23-00592-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE INTEREST OF T.B.R. AND K.A.R., CHILDREN

ON APPEAL FROM THE 214TH DISTRICT COURT OF NUECES COUNTY, TEXAS

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

On December 20, 2023, appellant Dora Soto filed a notice of appeal from a “Default

Order” in a suit modifying the parent-child relationship. On December 22, 2023, the Clerk

of this 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 Rule of Appellate Procedure 25.1(d)(2) and

25.1(d)(4) and requested correction of these defects. See TEX. R. APP. P. 25.1(d)(2),(4);

see also id. R. 37.1.

On January 24, 2024, the Clerk notified appellant that she was delinquent in

submitting 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 id. R. 42.3(b), (c). That same day, 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. R. 25.1(d)(2), (4).

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 28th day of March, 2024.