Opinion
No. 04-17-00146-CV
04-19-2017
Natalie KIRKPATRICK, Appellant v. Samuel S. SILVA, Appellee
From the County Court, Guadalupe County, Texas
Trial Court No. 2015-CV-0303
Honorable Robin V. Dwyer, Judge Presiding
ORDER
The filing fee of $205.00, which was due from appellant Natalie Kirkpatrick when this appeal was filed, has not been paid. The clerk of the court notified appellant of this deficiency in a letter dated March 16, 2017, and stated the fee must be remitted no later than April 3, 2017. The fee remains unpaid. 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.
We therefore order appellant, not later than May 1 , 2017 , to either (1) pay the applicable filing fee or (2) provide written proof to this court that she 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). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3.
The clerk's record and the reporter's record were originally due on April 18, 2017. On April 17, 2017, the trial court clerk filed a Notification of Late Record, stating the clerk's record would not be filed because appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant is not entitled to appeal without paying the fee.
It is therefore ORDERED that appellant provide written proof to this court no later than May 1 , 2017 that either (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. If appellant fails to file such written proof within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court