Opinion
No. 04-18-00041-CV
02-26-2018
IN THE GUARDIANSHIP OF LEEMAN G. TISCHLER
From the County Court, Guadalupe County, Texas
Trial Court No. 2012-GC-0010
Honorable Linda Z. Jones, Judge Presiding
ORDER
A copy of appellant's notice of appeal was filed in this court on January 23, 2018. On that date, the clerk of the court notified the appellant in writing that our records do not reflect that the filing fee in the amount of $205.00 was paid and that the fee was required to be paid or the appeal could be stricken by the court. In addition, on February 7, 2018, appellant was notified by letter from this court that the docket statement was past due. To date, the filing fee has not been paid and the docketing statement has not been filed. Our record contains no evidence that appellant is excused by statute or by rule from paying the filing fee. See TEX. R. APP. P. 5, 20.1.
In addition, the clerk's record and reporter's record were due to be filed in this court on February 20, 2018. See TEX. R. APP. P. 35.1. On that date, the trial court clerk and court reporter filed notifications of late record stating that appellant has failed to request and pay, or make arrangements to pay, the fees for preparing the clerk's record and reporter's record, and that appellant is not entitled to appeal without paying the fees.
Accordingly, it is ORDERED that appellant show cause in writing within ten (10) days from the date of this order that either: (1) the $205.00 filing fee has been paid and the docketing statement has been filed; or (2) appellant is entitled to appeal without paying the filing fee. See TEX. R. APP. P. 20.1. If appellant fails to respond within the time provided, this appeal will be dismissed for failure to pay the filing fee. See TEX. R. APP. P. 5, 42.3(c).
It is FURTHER ORDERED that appellant provide written proof to this court within ten (10) days from the date of this order that either (1) the clerk's fee for preparing the clerk's record has been paid or arrangements have been made to pay the clerk's fee and the contents of the clerk's record have been designated, and (2) a written request has been made for preparation of the reporter's record pursuant to TEX. R. APP. P. 34.6 (b)(1), and the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (3) appellant is entitled to appeal without paying the clerk's fee and the court reporter's fee. If appellant fails to respond within the time provided, and the clerk's record is not timely filed, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
All other appellate deadlines are suspended pending appellant's compliance with this order.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of February, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court