Narrative Opinion Summary
In this case, the appellant, challenging the Texas Board of Pardons and Paroles, faced dismissal of his appeal by the Court of Appeals for the First District of Texas. The court's decision, issued on June 27, 2013, centered on procedural deficiencies, specifically Wade's failure to comply with the Texas Rule of Appellate Procedure 5 which requires the payment of filing fees unless excused by statute or rule due to indigence. Despite being granted extensions to meet the payment deadlines, Wade did not pay the required filing fee nor did he establish indigence to justify a waiver of these costs. Additionally, he failed to make arrangements for the preparation and payment of the clerk's record by the specified deadlines. As a result, the court dismissed the appeal for want of prosecution, with all pending motions deemed moot. The decision was rendered per curiam by Justices Jennings, Brown, and Huddle, underscoring the necessity for appellants to adhere strictly to procedural requirements to maintain appellate review.
Legal Issues Addressed
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The court dismissed Wade's appeal due to his failure to pay the filing fee and make necessary arrangements for the clerk’s record, indicating a want of prosecution.
Reasoning: Consequently, the court dismissed the appeal due to Wade's failure to pay the filing fee and for want of prosecution, rendering all pending motions moot.
Indigence and Appellate Costssubscribe to see similar legal issues
Application: Wade did not establish indigence as a reason to be excused from appellate costs, a requirement under Texas Rule of Appellate Procedure 5.
Reasoning: The court referenced Texas Rule of Appellate Procedure 5, which mandates payment of costs unless excused by statute or rules.
Requirement for Payment of Filing Fees in Appealssubscribe to see similar legal issues
Application: The appellant, Wade, was required to pay the filing fee by a specified deadline which he failed to meet, resulting in dismissal of the appeal.
Reasoning: The Court of Appeals for the First District of Texas issued a memorandum opinion on June 27, 2013, stating that Wade failed to pay the required filing fee and did not establish indigence for appellate costs.