Narrative Opinion Summary
On December 4, 2019, the Fourth Court of Appeals in San Antonio, Texas, addressed an issue concerning the appeal of Gary Daniels against Alissa Daniels. The trial court clerk reported that the clerk's record was not submitted due to Gary Daniels' failure to pay the necessary clerk's fee. As a result, the court issued an order requiring the appellant to provide written proof within ten days that either the fee has been paid or arrangements have been made to pay it, or that he is exempt from paying the fee to appeal. The order stipulates that failure to respond within the specified timeframe will result in the dismissal of the appeal for lack of prosecution, in accordance with Texas Rule of Appellate Procedure 37.3(b). The order was signed by Justice Rebeca C. Martinez and the court's clerk on December 9, 2019.
Legal Issues Addressed
Dismissal for Lack of Prosecution under Texas Rule of Appellate Procedure 37.3(b)subscribe to see similar legal issues
Application: If the appellant fails to provide proof of payment arrangements or exemption within ten days, the appeal will be dismissed for lack of prosecution.
Reasoning: The order stipulates that failure to respond within the specified timeframe will result in the dismissal of the appeal for lack of prosecution, in accordance with Texas Rule of Appellate Procedure 37.3(b).
Filing Fee Requirement for Appealsubscribe to see similar legal issues
Application: The appellate court requires the appellant to demonstrate payment or arrangement for payment of the clerk's fee to proceed with the appeal.
Reasoning: The trial court clerk reported that the clerk's record was not submitted due to Gary Daniels' failure to pay the necessary clerk's fee.
Requirement for Proof of Payment or Exemptionsubscribe to see similar legal issues
Application: The appellant must provide written evidence of payment, arrangement, or exemption of the clerk's fee within a ten-day period to avoid dismissal.
Reasoning: The court issued an order requiring the appellant to provide written proof within ten days that either the fee has been paid or arrangements have been made to pay it, or that he is exempt from paying the fee to appeal.