Johnathon Pina v. Yvette Nicole Pina Appeal from County Court at Law No 1 of Randall County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-19-00159-CV ________________________ JONATHON PINA, APPELLANT V. YVETTE NICOLE PINA, APPELLEE On Appeal from the County Court at Law Number 1 Randall County, Texas Trial Court No. 74,591-L1; Honorable James W. Anderson, Presiding June 5, 2019 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. Appellant, Jonathon Pina, appeals from a Final Protective Order issued in favor of Appellee, Yvette Nicole Pina; however, he has failed to pay the required filing fee. By letter dated May 7, 2019, the clerk of this court advised Appellant that a filing fee of $205 was overdue and that unless he was excused from paying costs under appellate rule 20.1, failure to pay the filing fee by May 17 would result in dismissal of the appeal without further notice. See TEX. R. APP. P. 20.1, 42.3(c). To date, Appellant 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 Appellant a reasonable opportunity to cure this defect, this appeal is dismissed for Appellant’s failure to comply with a requirement of the appellate rules and 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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