Opinion
No. 04-16-00034-CV
02-03-2016
Victoria Elizabeth FEIL, Appellant v. Michael William FEIL, Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 10-11-0623-CVW
Honorable Russell H. Wilson, Judge Presiding
ORDER
A filing fee of $205.00 was due when appellant, Victoria Elizabeth Feil, filed her notice of appeal, but it was not paid. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 159158, Aug. 28, 2015). The clerk of the court notified appellant in a letter dated January 20, 2016, that both the filing fee and the docketing statement were due. The fee remains unpaid and the docketing statement has not been filed. Rule 5 of the Texas Rules of Appellate Procedure provides:
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.
We therefore order Victoria Elizabeth Feil must either (1) pay the filing fee or (2) provide written proof to this court that she is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee by February 15, 2016. See TEX. R. APP. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court