History
  • No items yet
midpage
in the Matter of the Marriage of Gabriela Hernandez and Francisco Hernandez- Jimenez and in the Interest of A.L.H. and G.A.H., Children
10-17-00021-CV
| Tex. App. | Mar 22, 2017
|
Check Treatment
Case Name

MEMORANDUM OPINION

Appellant, Francisco Hernandez-Jimenez, filed his pro se notice of appeal on January 20, 2017, challenging the trial court’s final judgment in favor of appellee, Gabriela Hernandez. The required docketing statement was not received. See T EX . R. A PP . P. 32.1. On February 16, 2017, we sent a letter explaining that the docketing statement must be filed and warning that the Court would dismiss the appeal if a docketing statement was not filed within twenty-one days. See id. at R. 42.3(c).

More than twenty-one days have passed, and we have not received the docketing statement. Accordingly, we dismiss this appeal. See id. at R. 32.1, 42.3(c); see also Hensley v. W.M. Specialty Mortgage, LLC , 2005 Tex. App. LEXIS 9614, at **1-2 (Tex. App.—Waco Nov. 16, 2005, no pet.) (mem. op.) (dismissing a case for failure to file a docketing statement).

Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. T EX . R. A PP . P. 12.1(b); Appendix to Tex. R. App. P., Order Regarding Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007); see T EX . R. A PP . P. 5; 10 TH T EX . A PP . (W ACO ) L OC . R. 5; T EX . G OV ’ T C ODE A NN . §§ 51.207(b), 51,208, 51.941(a) (West 2013). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. T EX . R. A PP . P. 2. The write-off of the fees from the accounts receivable of the Court in no way eliminates or reduces the fees owed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed March 22, 2017 [CV06]

Case Details

Case Name: in the Matter of the Marriage of Gabriela Hernandez and Francisco Hernandez- Jimenez and in the Interest of A.L.H. and G.A.H., Children
Court Name: Court of Appeals of Texas
Date Published: Mar 22, 2017
Docket Number: 10-17-00021-CV
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.