Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan

Court of Appeals of Texas

Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan

DecidedMarch 7, 2018

Docket12-18-00015-CV

StatusPublished

This text of Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan (Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan) 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.

Bluebook

Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan, (Tex. Ct. App. 2018).

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Opinion

NO. 12-18-00015-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

KEVIN FRAZIER, ON BEHALF OF § APPEAL FROM THE 217TH NEAL FRAZIER, DECEASED, APPELLANT § JUDICIAL DISTRICT COURT V.

RICHARD DONOVAN, § ANGELINA COUNTY, TEXAS APPELLEE

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). On February 22, 2018, the clerk of this Court notified Appellant that the filing fee in this appeal is due.1 See TEX. R. APP. P. 5. Appellant was informed that failure to remit the filing fee on or before March 5, 2018, 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 has passed, and Appellant has not complied with the Court’s request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered March 7, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)

1 On February 5, 2018, Appellant filed a statement of inability to pay costs, which Appellee contested. On February 13, this Court overruled Appellant’s statement for failure to comply with Texas Rule of Civil Procedure 145(b), which requires a declarant to use the form statement approved by the Texas Supreme Court or that includes the information required by the Court-approved form. See TEX. R. CIV. P. 145(b). Appellant did not file a compliant statement or otherwise respond to this Court’s February 13 notice. COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 7, 2018

KEVIN FRAZIER, ON BEHALF OF NEAL FRAZIER, DECEASED, Appellant V. RICHARD DONOVAN, Appellee

Appeal from the 217th District Court of Angelina County, Texas (Tr.Ct.No. CV-01477-12-06)

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. 12-18-00015-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

KEVIN FRAZIER, ON BEHALF OF § APPEAL FROM THE 217TH NEAL FRAZIER, DECEASED, APPELLANT § JUDICIAL DISTRICT COURT V.

RICHARD DONOVAN, § ANGELINA COUNTY, TEXAS APPELLEE

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). On February 22, 2018, the clerk of this Court notified Appellant that the filing fee in this appeal is due.1 See TEX. R. APP. P. 5. Appellant was informed that failure to remit the filing fee on or before March 5, 2018, 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 has passed, and Appellant has not complied with the Court’s request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered March 7, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)

1 On February 5, 2018, Appellant filed a statement of inability to pay costs, which Appellee contested. On February 13, this Court overruled Appellant’s statement for failure to comply with Texas Rule of Civil Procedure 145(b), which requires a declarant to use the form statement approved by the Texas Supreme Court or that includes the information required by the Court-approved form. See TEX. R. CIV. P. 145(b). Appellant did not file a compliant statement or otherwise respond to this Court’s February 13 notice. COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 7, 2018

KEVIN FRAZIER, ON BEHALF OF NEAL FRAZIER, DECEASED, Appellant V. RICHARD DONOVAN, Appellee

Appeal from the 217th District Court of Angelina County, Texas (Tr.Ct.No. CV-01477-12-06)

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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Bluebook (online)

Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-frazier-on-behalf-of-neal-frazier-v-richard-donovan-texapp-2018.