Narrative Opinion Summary
The Fourth Court of Appeals in San Antonio, Texas issued an order regarding the appeal of E.D.B., a child, from the 229th Judicial District Court in Starr County. The clerk's and reporter's records for the appeal were due on December 24, 2021, but neither has been filed due to the appellant's failure to pay or arrange payment for the preparation of these records. The court mandates that the appellant must provide written proof within ten days that: 1) he has requested the preparation of both records in accordance with Texas Rules of Appellate Procedure, and 2) either the required fees have been paid or arrangements made, or that he is exempt from the fees. Additionally, the appellant has not paid the necessary filing fee for the appeal and must either pay this fee or prove within ten days that he is excused from it. Failure to comply with these requirements may result in the dismissal of the appeal. The order is signed by Justice Liza A. Rodriguez and the court clerk, Michael A. Cruz.
Legal Issues Addressed
Consequence of Non-Compliance with Procedural Requirementssubscribe to see similar legal issues
Application: Failure to comply with the specified requirements regarding record preparation and filing fees may result in the dismissal of the appeal.
Reasoning: Failure to comply with these requirements may result in the dismissal of the appeal.
Proof of Payment or Exemption for Record Preparationsubscribe to see similar legal issues
Application: The appellant must provide written proof within ten days that the preparation of both records has been requested, and that payment has been made or exempted according to the Texas Rules of Appellate Procedure.
Reasoning: The court mandates that the appellant must provide written proof within ten days that: 1) he has requested the preparation of both records in accordance with Texas Rules of Appellate Procedure, and 2) either the required fees have been paid or arrangements made, or that he is exempt from the fees.
Requirement for Filing Clerk's and Reporter's Recordssubscribe to see similar legal issues
Application: The appellant is required to pay or make arrangements to pay for the preparation of the clerk's and reporter's records for the appeal to proceed.
Reasoning: The clerk's and reporter's records for the appeal were due on December 24, 2021, but neither has been filed due to the appellant's failure to pay or arrange payment for the preparation of these records.
Requirement for Payment of Filing Feesubscribe to see similar legal issues
Application: The appellant must pay the necessary filing fee for the appeal or demonstrate an exemption within ten days.
Reasoning: Additionally, the appellant has not paid the necessary filing fee for the appeal and must either pay this fee or prove within ten days that he is excused from it.