NO. 12-16-00174-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
TERRENCE K. CUBA, § APPEAL FROM THE 7TH
APPELLANT
V. § JUDICIAL DISTRICT COURT
THE STATE OF TEXAS,
APPELLEE § SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 42.3. Appellant filed his notice of appeal in the trial court on
June 17, 2016, but did not pay the filing fee. On June 21, 2016, this Court notified Appellant
that the filing fee must be paid on or before July 1, 2016. See TEX. R. APP. P. 5 (“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.”). Appellant was
warned that failure to pay the filing fee by the July 1 deadline would result in the Court’s taking
appropriate action, which would include dismissal of the case without further notice. See TEX.
R. APP. P. 5, 42.3(c).
The date for paying the filing fee has passed, and Appellant has not complied with the
Court’s request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is
dismissed. See TEX. R. APP. P. 42.3(c).
Opinion delivered July 12, 2016.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JULY 12, 2016
NO. 12-16-00174-CV
TERRENCE K. CUBA,
Appellant
V.
THE STATE OF TEXAS,
Appellee
Appeal from the 7th District Court
of Smith County, Texas (Tr.Ct.No. 007-0434-12)
THIS CAUSE came to be heard on the appellate record; and the same
being considered, it is the opinion of this court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that
this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court
below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.