Jose Mario Ballesteros v. Sonia Rocio Barrientos

• Court: Court of Appeals of Texas
• Decided: January 25, 2023
• Docket: 04-22-00402-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00402-CV

Jose Mario BALLESTEROS, Appellant

v.

Sonia Rocio BARRIENTOS, Appellee

From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2021FLA001101D1 Honorable Jose A. Lopez, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: January 25, 2023

DISMISSED FOR WANT OF PROSECUTION

The docketing statement and a filing fee of $205.00 were due when appellant filed his

notice of appeal. See TEX. R. APP. P. 32.1 (providing an appellant in a civil case must file a

docketing statement promptly upon filing the notice of appeal); TEXAS SUPREME COURT ORDER

REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS,

AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION, Misc. Docket No. 15-9158

(Tex. Aug. 28, 2015). On December 16, 2022, we issued an order notifying appellant that the

filing fee had not been paid and the docketing statement had not been filed. We ordered appellant 04-22-00402-CV

to pay the filing fee and file the docketing statement on or before December 29, 2022. Our order

advised appellant that this appeal would be dismissed if the filing fee was not paid and the

docketing statement was not filed.

To date, the filing fee has not been paid and the docketing statement has not been filed.

We therefore dismiss this appeal. See TEX. R. APP. P. 42.3(c) (permitting appellate courts to

dismiss an appeal when appellant fails to comply with a court order); In re E.J.V., No. 04-18-

00035-CV, 2018 WL 151173, at *1 (Tex. App.—San Antonio Mar. 28, 2018, no pet.) (mem. op.)

(dismissing appeal, in part, for failure to comply with order requiring the filing of the docketing

statement).

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