Jessica Fite v. William White, Sr.

• Court: Court of Appeals of Texas
• Decided: August 26, 2010
• Docket: 14-10-00514-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 26, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00514-CV

JESSICA FITE, Appellant

V.

WILLIAM WHITE, SR., Appellee

On Appeal from the 312th District Court

Harris County, Texas

Trial Court Cause No. 2008-36781

M E M O R A N D U M   O P I N I O N

This is an appeal from a final order in a suit affecting the parent-child relationship signed March 15, 2010.  Appellant filed a premature motion for new trial on March 5, 2010.  The notice of appeal was filed April 16, 2010.  To date, our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov’t Code Ann.. ' 51.207 (Vernon 2005) (same).

On July 2, 2010, the court notified appellant that the filing fee was past due.  No response was filed.  On July 22, 2010, this court ordered appellant to pay the appellate filing fee on or before August 2, 2010, or the appeal would be dismissed.  See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).  Appellant has not paid the appellate filing fee or responded to this court’s order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Sullivan.