In the Matter of Jennifer Nicole Hines and Samantha Lue Hawthorn-Norton and in the Interest of C.C.H. and D.M.-H., Minor Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 30, 2023
• Docket: 06-23-00078-CV
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-23-00078-CV

IN THE MATTER OF JENNIFER NICOLE HINES AND SAMANTHA LUE HAWTHORN-NORTON AND IN THE INTEREST OF C.C.H. AND D.M.-H., MINOR CHILDREN

On Appeal from the County Court at Law Lamar County, Texas Trial Court No. 91997

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION

Samantha Lue Hawthorn-Norton, appellant, filed a notice of appeal in this matter on

October 9, 2023. Appellant has not filed a docketing statement in accordance with Rule 32.1 of

the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 32.1. Further, appellant has not

tendered the mandatory $205.00 filing fee associated with the appeal, see TEX. R. APP. P. 5, and

has not filed proof of indigency in lieu of a filing fee, see TEX. R. APP. P. 20.1.

“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. R. APP. P. 5.

By letter dated November 3, 2023, appellant was provided with notice of and an

opportunity to cure these defects. See TEX. R. APP. P. 42.3(b), (c). The clerk’s letter further

warned appellant that, if she did not submit an adequate response to the notice by November 13,

2023, this appeal would be subject to dismissal for want of prosecution and for failure to comply

with the above-cited rules. Appellant did not file a docketing statement, did not pay the

mandatory filing fee, and did not file proof of indigency in lieu of a filing fee. Further, we

received no communication from appellant responsive to the November 3 correspondence.

Accordingly, this appeal is ripe for dismissal.

2 Pursuant to Rule 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure,

we dismiss this appeal for want of prosecution.

Charles van Cleef Justice

Date Submitted: November 29, 2023 Date Decided: November 30, 2023