Narrative Opinion Summary
Relator Lonnie Kade Welsh, representing himself, filed a petition for a writ of mandamus without paying the required filing fee. The Clerk of the Court informed Welsh on May 26, 2022, that the fee was overdue and that he must pay it by June 6 or risk dismissal of his case unless he requested to waive the costs under Rule of Appellate Procedure 20.1. Welsh did not pay the fee or seek permission to proceed without it. Consequently, the Court dismissed the original proceeding due to Welsh's noncompliance with appellate rules and the Clerk's notice. The dismissal is in accordance with TEX. R. APP. P. 42.3(c).
Legal Issues Addressed
Authority for Dismissalsubscribe to see similar legal issues
Application: The court's dismissal is supported by the Texas Rules of Appellate Procedure, specifically rule 42.3(c), which allows for dismissal when a party fails to comply with procedural requirements.
Reasoning: The dismissal is in accordance with TEX. R. APP. P. 42.3(c).
Dismissal for Noncompliance with Appellate Proceduresubscribe to see similar legal issues
Application: The court dismissed the case due to Welsh's failure to comply with the appellate rules and the notice from the Clerk, as no payment or waiver request was submitted.
Reasoning: Consequently, the Court dismissed the original proceeding due to Welsh's noncompliance with appellate rules and the Clerk's notice.
Mandatory Filing Fee Requirementsubscribe to see similar legal issues
Application: The court requires the payment of a filing fee for the petition of writ of mandamus to proceed, unless a waiver is granted under specific appellate rules.
Reasoning: Relator Lonnie Kade Welsh, representing himself, filed a petition for a writ of mandamus without paying the required filing fee.
Notice of Nonpayment and Opportunity to Curesubscribe to see similar legal issues
Application: The Clerk of the Court provided Welsh with a deadline to pay the overdue filing fee or apply for a waiver, offering an opportunity to remedy the noncompliance.
Reasoning: The Clerk of the Court informed Welsh on May 26, 2022, that the fee was overdue and that he must pay it by June 6 or risk dismissal of his case unless he requested to waive the costs under Rule of Appellate Procedure 20.1.