Narrative Opinion Summary
Bianca Nicole Bradley, the appellant, failed to pay the required filing fee for her appeal against Henry Lee Brown IV, the appellee, in the Court of Appeals for the Ninth District of Texas. On November 17, 2016, the court notified the parties of this failure and warned that the appeal would be dismissed if the fee was not paid by December 2, 2016. The appellant did not respond to the court's communications, nor did she provide any indication of her inability to pay or request a waiver of the fee as per Texas Rule of Appellate Procedure 20.1. Consequently, due to her inaction, the court dismissed the appeal. The opinion was submitted on January 11, 2017, and delivered on January 12, 2017, by Chief Justice Steve McKeithen and Justices Horton and Johnson.
Legal Issues Addressed
Dismissal of Appeal for Non-Payment of Filing Feesubscribe to see similar legal issues
Application: The appellant's failure to pay the required filing fee results in dismissal of the appeal pursuant to procedural rules.
Reasoning: On November 17, 2016, the court notified the parties of this failure and warned that the appeal would be dismissed if the fee was not paid by December 2, 2016.
Requirement to Respond to Court Communicationssubscribe to see similar legal issues
Application: The appellant's lack of response to court communications and failure to indicate an inability to pay or seek a waiver contributes to the dismissal of the appeal.
Reasoning: The appellant did not respond to the court's communications, nor did she provide any indication of her inability to pay or request a waiver of the fee as per Texas Rule of Appellate Procedure 20.1.
Texas Rule of Appellate Procedure 20.1subscribe to see similar legal issues
Application: Under Texas Rule of Appellate Procedure 20.1, the appellant could have requested a waiver for the filing fee, which was not pursued, leading to the dismissal of the appeal.
Reasoning: The appellant did not respond to the court's communications, nor did she provide any indication of her inability to pay or request a waiver of the fee as per Texas Rule of Appellate Procedure 20.1.