Opinion
04-21-00522-CV
02-23-2022
IN THE INTEREST OF S.R.S., a Child
From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2010EM505002 Honorable Nick Catoe Jr., Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
The filing fee of $205.00, which was due from appellant Scott Sinclair when this appeal was filed, was not paid. The clerk of this court notified appellant of this deficiency in a letter dated November 22, 2021 and stated the fee must be remitted no later than December 3, 2021. Rule 5 of the Texas Rules of Appellate Procedure provides:
A party who is not excused by statute or these rules from paying costs must pay- at the time an item is presented for filing-whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.Tex. R. App. P. 5.
The fee was not paid; therefore, on January 11, 2022, we issued an order directing appellant, not later than January 21, 2022, to either (1) pay the applicable filing fee or (2) provide written proof to this court that he is excused by statute or the Rules of Appellate Procedure from paying the fee. 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). Our order cautioned appellant that if he failed to respond satisfactorily within the time ordered, this appeal would be dismissed. See Tex. R. App. P. 42.3(c). Appellant has not responded to or complied with our January 11, 2022 order; therefore, we dismiss this appeal.