Rick and Alice Smart v. Warren Agustus Manuell

• Court: Court of Appeals of Texas
• Decided: June 29, 2023
• Docket: 01-23-00108-CV
• Status: Published

Opinion

Opinion issued June 29, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00108-CV ——————————— IN THE INTEREST OF D.A.M., A CHILD

On Appeal from the 253rd District Court Chambers County, Texas Trial Court Case No. 21-DCV-0572

MEMORANDUM OPINION

Appellants, Rick and Alice Smart, have neither paid the required fees nor

established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R. APP.

P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a);

Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals,

and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). On March 9, 2023, appellants were notified that this

appeal was subject to dismissal if appellate costs were not paid, or indigence was not

established, by April 10, 2023. See TEX. R. APP. P. 42.3(b), (c). Appellants did not

adequately respond.

Further, appellants have not paid or made arrangements to pay the fee for the

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On February 24,

2023, appellants were notified that this appeal was subject to dismissal if appellants

did not submit written evidence that they had paid or made arrangements to pay the

fee for the preparation of the clerk’s record by March 27, 2023. See TEX. R. APP. P.

42.3(b), (c). Appellants did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris.