Opinion
No. 06-21-00023-CV
05-20-2021
HARLAN ALEXANDER, Appellant v. TROY MCCORMACK AND TAMMY MCCORMACK, Appellees
On Appeal from the 62nd District Court Delta County, Texas
Trial Court No. 11418 Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
Harlan Alexander, appellant, filed a notice of appeal in this matter on March 30, 2021. Appellant has not filed a docketing statement in accordance with Rule 32.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 32.1. Further, appellant has not tendered the mandatory $205.00 filing fee associated with the appeal, see TEX. R. APP. P. 5, and has not filed proof of indigency in lieu of a filing fee, see TEX. R. APP. P. 20.1.
"A party who is not excused by statute or these rules from paying costs must pay—at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just." TEX. R. APP. P. 5.
By letter dated April 23, 2021, appellant was provided with notice of and an opportunity to cure these defects. See TEX. R. APP. P. 42.3(b), (c). The clerk's letter further warned appellant that, if he did not submit an adequate response to the notice by May 3, 2021, this appeal would be subject to dismissal for want of prosecution and for failure to comply with the above-cited rules. Appellant did not file a docketing statement, did not pay the mandatory filing fee, and did not file proof of indigency in lieu of a filing fee. Further, we have received no communication from appellant responsive to the April 23 correspondence. Accordingly, this appeal is ripe for dismissal.
Pursuant to Rule 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.
Scott E. Stevens
Justice Date Submitted: May 19, 2021
Date Decided May 20, 2021