Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00777-CV
PREMIER LEARNING ACADEMY, INC., and Juan Padilla,
Appellants
v.
Becky LUNA-CRISTAN and Miranda De La Rosa,
Appellees
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. 16355B
Honorable Rex Emerson, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: January 17, 2018
DISMISSED FOR WANT OF PROSECUTION
A filing fee and the docketing statement were due upon the filing of the notice of appeal in
this court. See TEX. R. APP. 5, 32.1; Tex. Sup. Ct., Fees Charged in the Supreme Court, In Civil
Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Docket
No. 15-9158 (Aug. 28, 2015). We issued an order on December 15, 2017, notifying appellants that
the filing fee had not been paid and the docketing statement had not been filed. We ordered
appellants to pay the filing fee and file the docketing statement by December 27, 2017. Our order
04-17-00777-CV
advised appellants that if the filing fee was not paid and the docketing statement was not filed, this
appeal would be dismissed.
The filing fee has not been paid, and the docketing statement has not been filed. We
therefore dismiss this appeal. See TEX. R. APP. P. 5 (providing appellate courts may enforce rule
requiring payment of filing fee “by any order that is just”); Romero v. Martinez, No. 04-03-00777-
CV, 2004 WL 572331, at *2 (Tex. App.—San Antonio Mar. 24, 2004, no pet.) (mem. op.) (per
curiam) (dismissing appeal for failure to pay the filing fee); see also TEX. R. APP. P. 42.3
(permitting appellate courts to dismiss an appeal when appellant fails to comply with a court order).
PER CURIAM
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