Robert F. Caldwell v. William R Motal

• Court: Court of Appeals of Texas
• Decided: June 16, 2022
• Docket: 12-22-00121-CV
• Status: Published

Opinion

NO. 12-22-00121-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT F. CALDWELL, § APPEAL FROM THE 87TH APPELLANT

V. § JUDICIAL DISTRICT COURT

WILLIAM R. MOTAL, ET AL, APPELLEES § ANDERSON COUNTY, TEXAS

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). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5. An appellate court may enforce Rule 5 by any order that is just. Id. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c). On May 20, 2022, the Clerk of this Court notified Appellant, Robert F. Caldwell, that the filing fee in this appeal is due. Appellant was informed that failure to remit the filing fee on or before May 31, 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 passed, and Appellant has not responded to this Court’s notice, paid the filing fee, or otherwise shown that he is excused from paying the fee. 1 Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered June 16, 2022. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1 The case information sheet from the Anderson County District Clerk’s Office reflects that Appellant has not been declared indigent. COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 16, 2022

ROBERT F. CALDWELL, Appellant V. WILLIAM R. MOTAL, ET AL, Appellee

Appeal from the 87th District Court of Anderson County, Texas (Tr.Ct.No. 87-11264)

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. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.