Opinion
No. 04-18-00287-CV
05-23-2018
IN THE INTEREST OF LJS AND LBS., CHILDREN
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2014EM503907
Honorable David A. Canales, Judge Presiding
ORDER
A filing fee of $205 was due when this appeal was filed, but it was not paid. See Tex. Sup. Ct., Fees Charged in the Supreme Court, In Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Docket No. 15-9158 (Aug. 28, 2015). The fee remains unpaid, and appellant has not filed a sworn statement of inability to afford payment of court costs.
We therefore order appellant Lauren S. McClure, by June 4, 2018, to either: (1) pay the filing fee; or (2) provide written proof to this court that appellant is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from prepaying fees and costs. 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 may be dismissed without further notice. See TEX. R. APP. P. 5 (providing appellate courts may enforce rule requiring payment of costs "by any order that is just"), 42.3(c) (permitting appellate courts to dismiss an appeal when appellant fails to comply with a court order).
Furthermore, the trial court clerk has filed a notice of late record, stating appellant has not paid or arranged to pay the clerk's fee to prepare the record and that appellant is not entitled to the record without paying the fee. Additionally, the court reporter has informed this court that appellant has not paid or arranged to pay for the reporter's record.
We order appellant to provide written proof to this court by June 4, 2018 that either appellant has paid the clerk's and reporter's fees, has made satisfactory arrangements with the clerk and reporter to pay those fees, or is entitled to appeal without paying those fees. See TEX. R. APP. P. 35.3(a)(2). If appellant fails to file such proof within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 37.3(b), 42.3(c).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court