Opinion
No. 07-16-00110-CV
04-14-2016
IN THE INTEREST OF L.R., A CHILD
On Appeal from the 99th District Court Lubbock County, Texas
Trial Court No. 2015-790,967; Honorable William C. Sowder, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, J.R., appearing pro se, filed a notice of appeal from a report and temporary orders issued by an associate judge in a suit affecting the parent-child relationship. We now dismiss the appeal for failure to comply with a requirement of the Texas Rules of Appellate Procedure, for failure to comply with a notice from the clerk requiring action within a specified time, and for want of jurisdiction.
To protect the privacy of the parties involved, we refer to them by their initials. See TEX. FAM. CODE ANN. § 109.002(d) (West 2014). See also TEX. R. APP. P. 9.8(b). --------
By letter dated March 14, 2016, the clerk of this court notified J.R. that his filing fee of $205 was overdue and advised him that failure to pay the filing fee or file an affidavit of indigence by March 24 would subject the appeal to dismissal without further notice pursuant to Rule 42.3(c) of the Texas Rules of Appellate Procedure. To date, J.R. has not paid or made other arrangements for the discharge of the filing fee. Unless a party is excused from paying a filing fee, the clerk is required to collect filing fees set by statute or the Texas Supreme Court when an item is presented for filing. See TEX. R. APP. P. 5, 12.1(b). Although the filing of a proper notice of appeal invokes an appellate court's jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Id. at 25.1(b).
In addition, J.R. purports to appeal a report and temporary orders concerning L.R., a child, signed by an associate judge on February 16. See TEX. FAM. CODE ANN. § 201.011(a) (West 2014). On February 17, S.R., the child's mother, filed a request for a de novo hearing before the district court that referred the case to the associate judge. See TEX. FAM. CODE ANN. § 201.015 (West Supp. 2015). The de novo hearing was set for March 9. Because the report of an associate judge is not a final, appealable order or judgment, this court does not have jurisdiction over the appeal. See id. at § 201.013(b) (West 2014).
For these reasons, this appeal is dismissed. TEX. R. APP. P. 42.3(b), (c).
Per Curiam