in the Matter of the Marriage of Anita Tedford and Christopher Aaron Tedford and in the Interest of K. A. T., a Child

Court of Appeals of Texas

in the Matter of the Marriage of Anita Tedford and Christopher Aaron Tedford and in the Interest of K. A. T., a Child

DecidedSeptember 22, 2022

Docket12-22-00226-CV

StatusPublished

This text of in the Matter of the Marriage of Anita Tedford and Christopher Aaron Tedford and in the Interest of K. A. T., a Child (in the Matter of the Marriage of Anita Tedford and Christopher Aaron Tedford and in the Interest of K. A. T., a Child) 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.

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in the Matter of the Marriage of Anita Tedford and Christopher Aaron Tedford and in the Interest of K. A. T., a Child, (Tex. Ct. App. 2022).

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Opinion

NO. 12-22-00226-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE MATTER OF THE § APPEAL FROM THE 369TH MARRIAGE OF ANITA TEDFORD AND CHRISTOPHER AARON § JUDICIAL DISTRICT COURT TEDFORD AND IN THE INTEREST OF K.A.T., A CHILD § ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5. An appellate court may enforce Rule 5 by any order that is just. Id. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant 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. TEX. R. APP. P. 42.3(c). On August 29, 2022, the Clerk of this Court notified Appellant, Candice Nichole Jeffcoat, that the filing fee in this appeal is due. Appellant was informed that failure to remit the filing fee on or before September 8, would result in the Court’s taking appropriate action, including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee passed, and Appellant has not responded to this Court’s notice, paid the filing fee, or otherwise shown that she is excused from paying the fee. 1

1 The case information sheet from the Anderson County District Clerk’s Office reflects that Appellant has not been declared indigent. Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered September 22, 2022. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 22, 2022

IN THE MATTER OF THE MARRIAGE OF ANITA TEDFORD AND CHRISTOPHER AARON TEDFORD AND IN THE INTEREST OF K.A.T., A CHILD

Appeal from the 369th District Court of Anderson County, Texas (Tr.Ct.No. DCCV21-2735-369)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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NO. 12-22-00226-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE MATTER OF THE § APPEAL FROM THE 369TH MARRIAGE OF ANITA TEDFORD AND CHRISTOPHER AARON § JUDICIAL DISTRICT COURT TEDFORD AND IN THE INTEREST OF K.A.T., A CHILD § ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5. An appellate court may enforce Rule 5 by any order that is just. Id. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant 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. TEX. R. APP. P. 42.3(c). On August 29, 2022, the Clerk of this Court notified Appellant, Candice Nichole Jeffcoat, that the filing fee in this appeal is due. Appellant was informed that failure to remit the filing fee on or before September 8, would result in the Court’s taking appropriate action, including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee passed, and Appellant has not responded to this Court’s notice, paid the filing fee, or otherwise shown that she is excused from paying the fee. 1

1 The case information sheet from the Anderson County District Clerk’s Office reflects that Appellant has not been declared indigent. Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered September 22, 2022. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 22, 2022

IN THE MATTER OF THE MARRIAGE OF ANITA TEDFORD AND CHRISTOPHER AARON TEDFORD AND IN THE INTEREST OF K.A.T., A CHILD

Appeal from the 369th District Court of Anderson County, Texas (Tr.Ct.No. DCCV21-2735-369)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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in the Matter of the Marriage of Anita Tedford and Christopher Aaron Tedford and in the Interest of K. A. T., a Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-marriage-of-anita-tedford-and-christopher-aaron-texapp-2022.