Narrative Opinion Summary
The appeal case number 12-18-00163-CV involves Eric C. Ralls as the Appellant and Brian Funk as the Appellee, originating from the 7th Judicial District Court in Smith County, Texas. The Court of Appeals dismissed the appeal due to the Appellant's failure to comply with the Texas Rules of Appellate Procedure, specifically Rule 5 regarding the payment of the filing fee. The Clerk notified the Appellant on June 20, 2018, that the filing fee was due and that non-payment by July 2, 2018, would result in dismissal without further notice. The Appellant did not remit the filing fee by the deadline, leading the Court to dismiss the appeal under Rule 42.3(c). The opinion was delivered on July 18, 2018, by a panel consisting of Chief Justice Worthen and Justices Hoyle and Neeley. The dismissal is finalized and will be certified to the lower court for observance.
Legal Issues Addressed
Dismissal of Appeal for Non-Payment of Filing Feesubscribe to see similar legal issues
Application: The appeal was dismissed because the Appellant failed to pay the required filing fee by the specified deadline, in accordance with the Texas Rules of Appellate Procedure.
Reasoning: The Court of Appeals dismissed the appeal due to the Appellant's failure to comply with the Texas Rules of Appellate Procedure, specifically Rule 5 regarding the payment of the filing fee.
Finality of Dismissal Orderssubscribe to see similar legal issues
Application: The dismissal of the appeal is final and the decision will be certified to the lower court for enforcement, indicating the end of the appellate process in this case.
Reasoning: The dismissal is finalized and will be certified to the lower court for observance.
Notification Requirement Under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The Clerk provided the Appellant with notice of the requirement to pay the filing fee and the consequences of non-payment, satisfying the procedural requirement for dismissal.
Reasoning: The Clerk notified the Appellant on June 20, 2018, that the filing fee was due and that non-payment by July 2, 2018, would result in dismissal without further notice.