Summary
The Texas Court of Appeals for the Second District dismissed Frank Jarvis’s appeal because he failed to pay the required $195 filing fee after receiving notice and an opportunity to cure the deficiency. Costs were taxed against the appellant.
Topics
Practice areas
Questions Presented
- Whether the court of appeals should dismiss the appeal because Appellant failed to pay the required appellate filing fee after receiving notice and an opportunity to cure.
Holdings
- An appeal may be dismissed when the appellant fails to comply with the appellate procedural rules and the applicable Texas Supreme Court fee order by not paying the required filing fee after notice and a deadline to cure.
Key quotations
“Because Appellant failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court’s order of August 16, 2013, we dismiss the appeal.” (1)
Factual background
The appellate court required Appellant Frank Jarvis to pay a $195 filing fee. After notifying him that the fee had not been paid and giving him until September 15, 2014, to comply, the court found that the fee remained unpaid as of the date of its memorandum opinion.
Procedural history
The appeal arose from the 158th District Court of Denton County, Texas, trial court cause number 2010-20661-158. The court of appeals notified Jarvis that the filing fee had not been paid and stated that the appeal would be dismissed unless the fee was paid by September 15, 2014. Jarvis did not pay the fee, so the court dismissed the appeal and taxed costs against him.