Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00336-CV
Jeffrey Wade TEASDALE,
Appellant
v.
Jeanette Nichole
Jeanette Nichole MESSER,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. 13133A
Honorable N. Keith Williams, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: July 24, 2013
DISMISSED
A filing fee of $175.00 was due from appellant Jeffrey Wade Teasdale when this appeal
was filed but was not paid. 1 See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a)(1) (West
2005); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court
and the Courts of Appeals (July 21, 1998) § B.1.(a). Rule 5 of the Texas Rules of Appellate
Procedure provides:
1
We also note the clerk’s record has not yet been filed. On July 11, 2013, the trial court clerk informed this court that
appellant is not entitled to appeal without paying the fee and appellant has failed to pay or make arrangements to pay
the clerk’s fee. The trial court clerk’s Notification of Late Record is rendered moot by this dismissal.
04-13-00336-CV
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.
Accordingly, on June 21, 2013, this court ordered appellant to either (1) pay the applicable
filing fee or (2) provide written proof to this court that he is excused by statute or the Rules of
Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party
who complies with provisions of that rule may proceed without advance payment of costs). Our
order informed appellant that if he failed to provide such written proof within the time ordered,
this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellant has not responded.
Accordingly, this appeal is dismissed. Costs of appeal are assessed against appellant.
PER CURIAM
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