Ray Otha Cheers, III v. Letitia Maria Cheers

• Court: Court of Appeals of Texas
• Decided: March 7, 2023
• Docket: 08-23-00050-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

RAY OTHA CHEERS, III, § No. 08-23-00050-CV

Appellant, § Appeal from the

v. § 146th Judicial District Court

LETITIA MARIA CHEERS, § of Bell County, Texas

Appellee. § (TC# 21DFAM326354)

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution. 1 Finding that the Appellant has not paid the $205 filing fee or

shown he is excused from paying the filing fee, we dismiss the appeal for want of prosecution.

On February 2, 2023, the Clerk of the Court sent a second request for payment of the $205

case filing fee. The letter notified Appellant that failure to pay the case filing fee or a statement of

inability to pay costs within twenty days of the notice could result in dismissal of the appeal for

want of prosecution. See TEX. R. APP. P. 42.3(b) and (c). As of this date, Appellant has not paid

the filing fee or otherwise shown he is excused from paying the fee.

1 We hear this case on transfer from the Third Court of Appeals in Austin. See TEX. R. APP. P. 41.3. Accordingly, we dismiss this appeal for want of prosecution. See id.

GINA M. PALAFOX, Justice

March 7, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.