M.B. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 26, 2023
• Docket: 10-23-00251-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00251-CV

IN THE MATTER OF M.B., A JUVENILE

From the 474th District Court McLennan County, Texas Trial Court No. 2023-19-J

MEMORANDUM OPINION

L.M., M.B.’s mother, filed a pro se notice of appeal challenging a judgment

adjudicating that M.B., a juvenile, engaged in delinquent behavior that resulted in a

disposition and order of probation, as well as an order that L.M. pay $5 per month for

probation fees. By letter dated September 11, 2023, the Clerk of this Court notified L.M.

that the appeal is subject to dismissal because the original filing fee has not been paid.

See TEX. FAM. CODE ANN. § 56.01(b) (“The requirements governing an appeal [under the

Juvenile Justice Code] are as in civil cases generally. When an appeal is sought by filing

a notice of appeal, security for costs of appeal, or an affidavit of inability to pay the costs

of appeal, and the filing is made in a timely fashion after the date the disposition order is signed, the appeal must include the juvenile court adjudication and all rulings

contributing to that adjudication.”). The September 11, 2023 letter warned L.M. that the

Court would dismiss the appeal unless, within twenty-one days from the date of the

letter, she paid the filing fee or obtained indigent status for the purpose of this appeal.

Twenty-one days have passed, and L.M. has not paid the filing fee or notified this Court

that she has been determined to be indigent. Accordingly, we dismiss this appeal. See

TEX. R. APP. P. 42.3(c).

STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith (Chief Justice Gray dissents.) Appeal dismissed Opinion delivered and filed October 26, 2023 [CV06]

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