Opinion
12-22-00142-CV
06-30-2022
CANDI SCOTT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF L. W. S. AND JOHN SCOTT, APPELLANTS v. LARRY TEEL AND LISA TEEL, APPELLEES
Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. 20-00058A)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.3(c).
A party who is not excused by statute or the appellate rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. Tex.R.App.P. 5. An appellate court may enforce Rule 5 by any order that is just. Id. After giving ten days' notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. Tex.R.App.P. 42.3(c).
On June 6, 2022, the Clerk of this Court notified Appellants, Candi Scott, Individually and on Behalf of the Estate of L.W.S. and John Scott, that the filing fee in this appeal is due. Appellants were informed that failure to remit the filing fee on or before June 16, would result in the Court's taking appropriate action, including dismissal of the case without further notice. See Tex. R. App. P. 42.3(c). The date for remitting the filing fee passed, and Appellants have not responded to this Court's notice, paid the filing fee, or otherwise shown that they are excused from paying the fee.
The case information sheet from the Van Zandt County District Clerk's Office reflects that Appellants have not been declared indigent.
Because Appellants failed, after notice, to comply with Rule 5, the appeal is dismissed. See Tex. R. App. P. 42.3(c).
We also note that Appellants have not filed the required docketing statement.
JUDGMENT
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.