Bobby Jerl Horry v. Kelli Dawn Horry Appeal from 266th District Court of Erath County (memorandum opinion per curiam)
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Opinion filed February 15, 2018 In The Eleventh Court of Appeals __________ No. 11-17-00333-CV __________ BOBBY JERL HORRY, Appellant V. KELLI DAWN HORRY, Appellee On Appeal from the 266th District Court Erath County, Texas Trial Court Cause No. CV34518 MEMORANDUM OPINION Bobby Jerl Horry timely filed a notice of appeal on December 6, 2017, from a final decree of divorce that was signed by the trial court on November 16, 2017. When the appeal was filed, the clerk of this court requested that Appellant’s counsel forward the $205 filing fee and a docketing statement to this court on or before December 13, 2017. After we were informed that the trial court had permitted Appellant’s counsel to withdraw, we notified Appellant by letter dated January 3, 2018, that the filing fee and docketing statement were past due. In that letter, we directed Appellant to pay the $205 filing fee and file the docketing statement on or before January 9, 2018, and we informed Appellant that failure to do so “may result in dismissal of the case.” On January 19, we again notified Appellant by letter that his filing fee was past due and directed Appellant to remit a cashier’s check in the amount of $205 to the clerk of this court on or before February 5, 2018. We also informed Appellant: “Failure to comply with the payment of the filing fee may result in dismissal of the case.” As of this date, Appellant has not remitted the filing fee or the docketing statement.1 Because Appellant has failed to pay the required filing fee in this appeal and has failed to comply with this court’s directives, we dismiss the appeal. See TEX. R. APP. P. 5, 42.3. PER CURIAM February 15, 2018 Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J.2 We note that this court’s January 3 and January 19 letters were sent to Appellant by certified mail and that the return receipts indicate that the letters were delivered as addressed. 1 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2
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