Opinion
NO. 02-15-00255-CV
07-07-2016
FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 325-487586-10 MEMORANDUM OPINIONAND JUDGMENT
See Tex. R. App. P. 47.4.
On May 12, 2016, we ordered appellant to pay the required $195 filing fee for this appeal by May 23, 2016, and informed him that if the $195 filing fee was not paid by May 23, 2016, we would dismiss the appeal in accordance with rule of appellate procedure 42.3(c). See Tex. R. App. P. 42.3(c).
On May 22, 2016, we received appellant's "Supplemental Reconsideration on Memorandum Opinion and Judgment of November 12, 2015," in which appellant indicated that he was unable to pay the $195 filing fee. In response, we reminded appellant that on September 28, 2015, this court had affirmed the trial court's order sustaining the trial court clerk's and court reporter's contests to his affidavit of indigence. We informed appellant that if he intended to file a new affidavit of indigence to proceed without payment of costs in this appeal, then he needed to file his new affidavit of indigence in the trial court by June 10, 2016.
Appellant did not file a new affidavit of indigence, and he has not paid the $195 filing fee. See Tex. R. App. P. 5, 12.1(b). Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court's order of August 16, 2013, we DISMISS the appeal. See Tex. R. App. P. 42.3(c), 43.2(f). Appellant shall pay all costs of this appeal, for which let execution issue. See Tex. R. App. P. 43.4. In light of our disposition, appellant's "Supplemental Reconsideration on Memorandum Opinion and Judgment of November 12, 2015" is DENIED AS MOOT.
See Supreme Court of Tex., Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-district Litigation, Misc. Docket No. 13-9127 (Aug. 16, 2013) (listing fees in courts of appeals). --------
/s/ Bonnie Sudderth
BONNIE SUDDERTH
JUSTICE PANEL: LIVINGSTON, C.J.; DAUPHINOT and SUDDERTH, JJ. DELIVERED: July 7, 2016