Narrative Opinion Summary
In this case, the appellant contested the dismissal of his Motion for New Trial concerning paternity and child support orders by the 140th District Court of Lubbock County. The appellant's motion followed a default order and subsequent parentage testing, which failed to exclude him as the father. However, due to the appellant's inaction post-testing, the Attorney General's Office successfully moved for dismissal of the motion for want of prosecution. The appellant was informed of this dismissal and later filed an appeal. Upon filing, the court notified him of an unpaid filing fee, warning that non-payment within ten days could result in dismissal. Despite this notice, the appellant did not remit the fee, leading to the dismissal of his appeal under Rule 42.3(c). The court's decision, rendered by Justice Mackey K. Hancock, emphasized the importance of adhering to procedural rules, particularly in terms of prosecutorial diligence and financial obligations in appellate proceedings. The opinion was designated as non-publishable.
Legal Issues Addressed
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The trial court dismissed the appellant's Motion for New Trial due to inactivity following parentage testing, demonstrating the application of dismissal for want of prosecution.
Reasoning: The trial court granted this motion on March 6, 2009, for want of prosecution.
Failure to Pay Filing Feessubscribe to see similar legal issues
Application: The appellate court dismissed the appeal because the appellant failed to pay the required filing fee, illustrating the necessity of fulfilling procedural requirements for an appeal.
Reasoning: As of the date of the opinion, no payment had been made, resulting in the court dismissing the appeal under Rule 42.3(c) for failure to pay the required fee.
Notification of Court Actionssubscribe to see similar legal issues
Application: The court duly notified the appellant of the dismissal and the unpaid fee, emphasizing the procedural duty to inform parties of court actions and consequences thereof.
Reasoning: Streater was notified of the dismissal on April 2 and filed his appeal on April 30. Upon accepting the appeal, the court informed Streater on May 6 that his filing fee of $175 was unpaid, warning that failure to pay within ten days could lead to dismissal.