In The Interest of J. S. B. and M. C. B., Children--Appeal from 286th District Court of Hockley County

Annotate this Case

Download PDF

NO. 07-04-0074-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E MARCH 9, 2004 ______________________________ IN THE INTEREST OF J.S.B. AND M.C.B., CHILDREN _________________________________ FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY; NO. 95-03-16,111; HON. HAROLD PHELAN, PRESIDING _______________________________ MEMORANDUM OPINION _______________________________ Before QUINN and REAVIS, JJ., and BOYD, S.J.1 Appellant Phillip Edward Barnes filed a notice of appeal on February 23, 2004. However, he did not pay the $125 filing fee required from appellants under Texas Rule of Appellate Procedure 5. An affidavit of indigence was filed in the trial court on February 27, 2004, per Texas Rule of Appellate Procedure 20.1, but it was contested. Furthermore, the contest was upheld. By letter from this Court dated February 24, 2004, we informed appellant that the filing fee in the amount of $125.00 has not been paid . . . . Failure to pay the filing fee within ten (10) days from the date of this notice may result in a dismissal. TEX . R. APP. P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex. App.--Amarillo 1998, pet. ref d). The deadline lapsed, and the fee was not received. 1 John T. B oyd, C hief Justice (R et.), Se venth Court o f Appea ls, sitting by assignm ent. T E X . G O V T C ODE A N N . §75.002 (a)(1 ) (Vernon Sup p. 2004). Because appellant has failed to pay the requisite filing fee as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c). Per Curiam 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.