In the Matter of the Marriage of Tiffany Ann Wallace and John Robert Wallace and in the Interest of S.A.W., T.L.W., and R.R.W., Children v. the State of Texas

Court of Appeals of Texas

In the Matter of the Marriage of Tiffany Ann Wallace and John Robert Wallace and in the Interest of S.A.W., T.L.W., and R.R.W., Children v. the State of Texas

DecidedJune 12, 2024

Docket12-24-00157-CV

StatusPublished

This text of In the Matter of the Marriage of Tiffany Ann Wallace and John Robert Wallace and in the Interest of S.A.W., T.L.W., and R.R.W., Children v. the State of Texas (In the Matter of the Marriage of Tiffany Ann Wallace and John Robert Wallace and in the Interest of S.A.W., T.L.W., and R.R.W., Children 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.

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In the Matter of the Marriage of Tiffany Ann Wallace and John Robert Wallace and in the Interest of S.A.W., T.L.W., and R.R.W., Children v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

NO. 12-24-00157-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 82ND

IN THE MATTER OF THE MARRIAGE OF TIFFANY ANN WALLACE AND JOHN ROBERT § JUDICIAL DISTRICT COURT WALLACE AND IN THE INTEREST OF S.A.W., T.L.W., AND R.R.W., CHILDREN § ROBERTSON 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. 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). On May 28, 2024, the Clerk of this Court notified Appellant, John Robert Wallace, that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before June 7. 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. Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c).

Opinion delivered June 12, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 12, 2024

IN THE MATTER OF THE MARRIAGE OF TIFFANY ANN WALLACE AND JOHN ROBERT WALLACE AND IN THE INTEREST OF S.A.W., T.L.W., AND R.R.W., CHILDREN

Appeal from the 82nd District Court of Robertson County, Texas (Tr.Ct.No. 23-06-D11429-DV)

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

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NO. 12-24-00157-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 82ND

IN THE MATTER OF THE MARRIAGE OF TIFFANY ANN WALLACE AND JOHN ROBERT § JUDICIAL DISTRICT COURT WALLACE AND IN THE INTEREST OF S.A.W., T.L.W., AND R.R.W., CHILDREN § ROBERTSON 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. 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). On May 28, 2024, the Clerk of this Court notified Appellant, John Robert Wallace, that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before June 7. 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. Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c).

Opinion delivered June 12, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 12, 2024

IN THE MATTER OF THE MARRIAGE OF TIFFANY ANN WALLACE AND JOHN ROBERT WALLACE AND IN THE INTEREST OF S.A.W., T.L.W., AND R.R.W., CHILDREN

Appeal from the 82nd District Court of Robertson County, Texas (Tr.Ct.No. 23-06-D11429-DV)

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

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In the Matter of the Marriage of Tiffany Ann Wallace and John Robert Wallace and in the Interest of S.A.W., T.L.W., and R.R.W., Children v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-marriage-of-tiffany-ann-wallace-and-john-robert-texapp-2024.