Sabrina Coleman v. Scott Sherwood, as Dependent Administrator of the Estate of Dudley Coleman, Deceased, Sondra Gail Coleman, and Samuel Henard Coleman Appeal from 100th District Court of Collingsworth County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-17-00001-CV ________________________ SABRINA COLEMAN, APPELLANT V. SCOTT SHERWOOD, AS DEPENDENT ADMINISTRATOR OF THE ESTATE OF DUDLEY COLEMEN, DECEASED, SONDRA GAIL COLEMAN, AND SAMUEL HENARD COLEMAN, APPELLEES On Appeal from the 100th District Court Collingsworth County, Texas Trial Court No. 7,967; Honorable Stuart Messer, Presiding February 23, 2017 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Appellant, Sabrina Coleman, gave notice of appeal from the First Amended Final Judgment signed by the trial court on October 6, 2016. By letter dated January 5, 2017, the clerk of this court advised Coleman that a filing fee of $205 was overdue and that unless she was excused from paying costs under appellate rule 20.1, failure to pay the filing fee by February 3rd would result in dismissal of the appeal without further notice. See TEX. R. APP. P. 20.1, 42.3(c). Coleman has not responded to the clerk’s letter, paid the filing fee, made other arrangements, or sought to proceed without payment of costs. See TEX. R. APP. P. 12.1(b), 20.1. Unless a party is excused from paying a filing fee, the clerk of this court is required to collect filing fees set by statute or by the Texas Supreme Court when an item is presented for filing. See id. at 5, 12.1(b). Although the filing of a proper notice of appeal invokes an appellate court’s jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Id. at 25.1(b). Accordingly, having provided Coleman a reasonable opportunity to cure this defect, this appeal is dismissed for failure to comply with a requirement of the appellate rules and failure to comply with a notice from the clerk requiring action within a specified time. TEX. R. APP. P. 42.3(c). Per Curiam 2
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