IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
FEBRUARY 15, 2008
______________________________
IN THE MATTER OF M.A.F., A CHILD
_________________________________
FROM THE COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY;
NO. 8795-J#1; HONORABLE W.F. "CORKY" ROBERTS, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINIONOn July 20, 2005, Appellant, M.A.F., (1) a child found to have engaged in delinquent conduct, was placed on probation. On December 17, 2007, the juvenile court's original disposition was modified and M.A.F. was committed to the Texas Youth Commission for an indeterminate period of time not to exceed the time when he shall be nineteen years old. On January 16, 2008, Appellant timely filed a notice of appeal challenging the juvenile court's order. Upon filing the notice of appeal, M.A.F. did not submit the required filing fee or establish his indigence. See Tex. R. App. P. 5, 20.1, & 12.1(b). Thus, M.A.F.'s counsel was notified by letter dated January 23, 2008, to pay the required filing fee noting that failure to do so might result in dismissal of the appeal per Rule 42.3(c) of the Texas Rules of Appellate Procedure. To date, counsel has not responded nor paid the required filing fee.
Consequently, the appeal is dismissed.
Per Curiam
1. To protect the privacy of the child, we refer to the him by his initials. See Tex. Fam. Code Ann. §§ 56.01(j), 109.002(d) (Vernon 2002).
ed. (2)
The clerk of this Court notified appellant by letter on May 6, 2005, that his motion for extension of time to file the affidavit of indigence was denied. He was directed by letter to pay the filing fee on or before May 16, 2005. The letter again advised him that failure to pay the filing fee could result in the appeal being dismissed. See Tex. R. App. P. 42.3(b), (c).
Appellant is not excused by statute or the Rules of Appellate Procedure from paying costs. Tex. R. App. P. 5. Appellant has failed to comply with the requirement that he pay the filing fee this Court is obligated to collect, and with this Court's orders with respect to the filing fee. All parties having had more than ten days' notice that dismissal could result from appellant's continued failure to comply with the rules and this Court's orders, the appeal is dismissed. Tex. R. App. P. 5, 42.3(b), (c).
James T. Campbell
Justice
1.
2. ' ' ' ' § ' - ' § '