In the Matter of the Marriage of Alicia Hernandez and Gustavo Hernandez and in the Interest of A.H., a Child v. the State of Texas
This text of In the Matter of the Marriage of Alicia Hernandez and Gustavo Hernandez and in the Interest of A.H., a Child v. the State of Texas (In the Matter of the Marriage of Alicia Hernandez and Gustavo Hernandez and in the Interest of A.H., 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.
Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-23-00050-CV
IN THE MATTER OF THE MARRIAGE OF ALICIA HERNANDEZ AND GUSTAVO HERNANDEZ AND IN THE INTEREST OF A.H., A CHILD
On Appeal from the 336th District Court Fannin County, Texas Trial Court No. FA-21-45460
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Chief Justice Stevens MEMORANDUM OPINION
Gustavo Hernandez, appellant, filed a notice of appeal in this matter on June 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 July 6, 2023, we provided appellant 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 he did not submit an adequate response to the notice by July 17, 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 have received no communication
from appellant responsive to the July 6 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.
Scott E. Stevens Chief Justice
Date Submitted: July 24, 2023 Date Decided: July 25, 2023
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