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in the Interest of M.B.T., a Minor Child
Citation: Not availableDocket: 07-09-00142-CV
Court: Court of Appeals of Texas; May 29, 2009; Texas; State Appellate Court
John Anthony Streater appealed the dismissal of his Motion for New Trial by the 140th District Court of Lubbock County regarding paternity and child support established on June 13, 2008. After a default order was entered, Streater filed his motion on July 23, 2008. Parentage testing indicated he could not be excluded as the child's father. On February 6, 2009, the Attorney General's Office moved to dismiss Streater’s motion, citing his lack of action since the testing. The trial court granted this motion on March 6, 2009, for want of prosecution. 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. 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. The opinion was issued by Justice Mackey K. Hancock and noted that the ruling should not be published.