Fifty-One Thousand One Hundred and Twenty-Four Dollars in US Currency v. State

Fourth Court of Appeals San Antonio, Texas July 13, 2018 No. 04-18-00428-CV FIFTY-ONE THOUSAND ONE HUNDRED AND TWENTY-FOUR DOLLARS IN US CURRENCY, et al., Appellants v. The STATE of Texas, Appellee From the 229th Judicial District Court, Starr County, Texas Trial Court No. DC-17-658-A Honorable Jose Luis Garza, Judge Presiding ORDER A filing fee of $205.00 was due when appellant filed his notice of appeal, but it was not paid. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 159158, Aug. 28, 2015). The clerk of this court notified appellant by letter the filing fee was due by July 6, 2018. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides: 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. We therefore ORDER appellant must either (1) pay the filing fee or (2) provide written proof to this court that he is indigent or otherwise excused by statute or the Texas 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). If appellant fails to respond satisfactorily by July 23, 2018 this appeal will be dismissed. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended pending the payment of the filing fee. _________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of July, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court