In the Matter of the Marriage of Paul Wade Wicker and Kimberly Michelle Wicker v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 31, 2024
• Docket: 12-24-00112-CV
• Status: Published

Opinion

NO. 12-24-00112-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE MATTER OF THE § APPEAL FROM THE 18TH

MARRIAGE OF PAUL WADE § JUDICIAL DISTRICT COURT WICKER AND KIMBERLY

MICHELLE WICKER § JOHNSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure 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. 1 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; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. 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. 2 TEX. R. APP. P. 42.3(c).

1 This case was transferred to this Court from the Tenth Court of Appeals in Waco, Texas, pursuant to a docket equalization order. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). 2 Pro se litigants, such as Appellant, are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure; otherwise, pro se litigants would benefit from an unfair advantage over parties represented by counsel. Muhammed v. Plains Pipeline, L.P., No. 12-16-00189-CV, 2017 WL 2665180, at *2 n.3 (Tex. App.—Tyler June 21, 2017, no pet.) (mem. op.). On April 26, 2024, the Clerk of this Court notified Appellant, Paul Wade Wicker, that the filing fee in this appeal is due and the appeal would be subject to dismissal if the fee was not paid on or before May 6. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that he is excused from paying the fee. 3 Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c).

Opinion delivered May 31, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

3 The online Johnson County judicial records do not reflect that Appellant was declared indigent in the trial court.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MAY 31, 2024

IN THE MATTER OF THE MARRIAGE OF PAUL WADE WICKER AND KIMBERLY MICHELLE WICKER

Appeal from the 18th District Court of Johnson County, Texas (Tr.Ct.No. DC-D202200291)

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 the 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.