IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
APRIL13, 2006
______________________________In re: VIVIAN JACKSON, an Incapacitated Person
_________________________________
FROM THE COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY;
NO. 282-1; HON. W. F. "CORKY" ROBERTS, PRESIDING _______________________________
ORDER DISMISSING APPEALS
_______________________________
Before QUINN, C.J., REAVIS, J., and BOYD, S.J. (1)
Appellants, by and through their attorneys, have moved to dismiss the appeals numbered above due to all matters having been resolved between the parties. Without passing on the merits of the cases, we grant the motions pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeals. Having dismissed the appeals at the request of appellants, no motions for rehearing will be entertained, and our mandates will issue forthwith.
Per Curiam
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon 2005).
002, this Court directed appellants to pay the required filing fee of $125 together with a $10 fee for the motion for extension of time, noting that failure to do so might result in dismissal. 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 the Supreme Court when an item is presented for filing. See Tex. R. App. P. 5 and 12.1(b). Appellants responded to this Court's letter by filing a motion to dismiss with payment of the $10 fee for that motion. Thus, because the notice of appeal is untimely and the filing fees of $125 and $10 remain unpaid, we must dismiss the appeal.
Accordingly, the appeal is dismissed for want of jurisdiction and failure to comply with the Texas Rules of Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee and the motion fee. Tex. R. App. P. 26.1 and 42.3(c). Our disposition of this appeal renders appellants' motion to dismiss moot.
Don H. Reavis
Justice
Do not publish.