In the Interest of M.J., a Child v. the State of Texas

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-24-00095-CV

IN THE INTEREST OF M.J., A CHILD

On Appeal from the County Court at Law
Bowie County, Texas
Trial Court No. 03C1154-CCL

Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION

Yolanda D. Smith, appellant, filed a notice of appeal in this matter on November 22,

2024. Appellant has not filed a docketing statement in accordance with Rule 32.1 of the Texas

Rules of Appellate Procedure. See TEX. R. APP. P. 32.1. Further, appellant has not tendered the

mandatory $205.00 filing fee associated with the appeal, see TEX. R. APP. P. 5, and has not filed

proof of indigency in lieu of a filing fee, see TEX. R. APP. P. 20.1.

“A party who is not excused by statute or these rules from paying costs must pay—at the

time an item is presented for filing—whatever fees are required by statute or Supreme Court

order. The appellate court may enforce this rule by any order that is just.” TEX. R. APP. P. 5.

By letter dated December 19, 2024, appellant was provided with notice of and an

opportunity to cure these defects. See TEX. R. APP. P. 42.3(b), (c). The clerk’s letter further

warned appellant that, if she did not submit an adequate response to the notice by December 30,

2024, this appeal would be subject to dismissal for want of prosecution and for failure to comply

with the above-cited rules. See id. Appellant did not file a docketing statement, did not pay the

mandatory filing fee, and did not file proof of indigency in lieu of a filing fee. Further, we have

received no communication from appellant responsive to our December 19 correspondence.

Accordingly, this appeal is ripe for dismissal.

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Pursuant to Rule 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure,

we dismiss this appeal for want of prosecution.

Jeff Rambin
Justice

Date Submitted: January 21, 2025
Date Decided: January 22, 2025

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