Opinion
13-23-00357-CV
10-19-2023
NINFA CASTANEDA AND ELOY F. CASTANEDA, Appellants, v. WILMA GARZA CHAPA, INDEPENDENT EXECUTOR OF THE ESTATE OF NINFA MCKINZIE, Appellee.
On appeal from the County Court at Law No. 2 of Nueces County, Texas.
Before Chief Justice Contreras and Justices Silva and Peña
MEMORANDUM OPINION
CLARISSA SILVA Justice
Ninfa Castaneda and Eloy F. Castaneda filed a notice of appeal on August 9, 2023, from an amended order compelling discovery entered by the County Court at Law No. 2 of Nueces County, Texas, in cause number 2018-PR-00266-2A. On August 9, 2023, the Clerk of the Court notified appellants that the $205.00 filing fee would need to be paid within ten days from the date of the notice. See Tex. R. App. P. 42.3(c). On September 19, 2023, the Clerk of the Court again notified appellants that they were delinquent in remitting a $205.00 filing fee and that the appeal was subject to dismissal if the fee was not paid within ten days from the date of the notice. On September 20, 2023, appellants filed a letter advising the Court that they believed the fee was due on October 7, 2023. To date, the filing fee has not been paid.
Texas Rule of Appellate Procedure 42.3 permits an appellate court, on its own initiative after giving ten days' notice to all parties, to dismiss the appeal for want of prosecution for failure to comply with a requirement of the appellate rules. See id. R. 42.3(c). The Court, having considered the documents on file and appellants' failure to pay the filing fee, is of the opinion that the appeal should be dismissed. Id. Accordingly, the appeal is DISMISSED for want of prosecution.