in the Interest of I.B.M., Z.A.M., AND B.M., Minor Children ( 2010 )

MEMORANDUM OPINION
No. 04-10-00483-CV
IN THE INTEREST OF I.B.M., Z.A.M., and B.M.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-PA-00977
Honorable Charles E. Montemayor, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: September 15, 2010
DISMISSED
A filing fee of $175.00 was due from appellant Benjamin Martinez when this appeal was
filed but the fee was not paid. See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a)(1)
(Vernon 2005); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the
Supreme Court and the Courts of Appeals (July 21, 1998) § B.1.(a). 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.
04-10-00483-CV
Accordingly, on August 5, 2010, this court ordered appellant 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 informed appellant that if he failed to provide such written proof within the
time ordered, this appeal would be dismissed. See Tex. R. App. P. 42.3. Appellant has not
responded. Accordingly, this appeal is dismissed. Costs of appeal are assessed against
appellant.
PER CURIAM
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