Opinion
04-23-00873-CV
12-05-2023
Gerardo D. GOMEZ, Appellant v. Bernadette M. GOMEZ, Appellee
From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-15436 Honorable Marisa Flores, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
The filing fee of $205.00, which was due from appellant when this appeal was filed, has not been paid. The clerk of the court notified appellant of this deficiency in a letter dated September 28, 2023, and stated the fee must be remitted no later than October 9, 2023. The fee remains unpaid. 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.
Appellant also has not filed a certified service of the notice of appeal on each court reporter, although the clerk of this court also notified appellant of these deficiencies and required corrective action.
We therefore ORDER appellant, not later than December 15, 2023, to either (1) pay the applicable filing fee or (2) provide written proof to this court that appellant is excused by statute or the Rules of Appellate Procedure from paying the fee. 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(c).