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In re Tischler

Fourth Court of Appeals San Antonio, Texas
Feb 26, 2018
No. 04-18-00041-CV (Tex. App. Feb. 26, 2018)

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


Summaries of

In re Tischler

Fourth Court of Appeals San Antonio, Texas
Feb 26, 2018
No. 04-18-00041-CV (Tex. App. Feb. 26, 2018)
Case details for

In re Tischler

Case Details

Full title:IN THE GUARDIANSHIP OF LEEMAN G. TISCHLER

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 26, 2018

Citations

No. 04-18-00041-CV (Tex. App. Feb. 26, 2018)