Opinion
NO. 12-16-00174-CV
07-12-2016
TERRENCE K. CUBA, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 7TH JUDICIAL DISTRICT COURT SMITH COUNTY, TEXASMEMORANDUM OPINION
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3. Appellant filed his notice of appeal in the trial court on June 17, 2016, but did not pay the filing fee. On June 21, 2016, this Court notified Appellant that the filing fee must be paid on or before July 1, 2016. See TEX. R. APP. P. 5 ("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."). Appellant was warned that failure to pay the filing fee by the July 1 deadline would result in the Court's taking appropriate action, which would include dismissal of the case without further notice. See TEX. R. APP. P. 5, 42.3(c).
The date for paying the filing fee has passed, and Appellant has not complied with the Court's request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed.See TEX. R. APP. P. 42.3(c). Opinion delivered July 12, 2016.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(PUBLISH)
JUDGMENT
Appeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 007-0434-12)
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.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.