## NO. 12

- 20

- 00026

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PERCY ABSHIRE, APPELLANT

V.

MELANIE ABSHIRE, APPELLEE §

§

§ APPEAL FROM THE 273R D

JUDICIAL DISTRICT COURT

SAN AUGUSTINE COUNTY , TEXAS

MEMORANDUM OPINION PER CURIAM
On January 28, 2020, Percy Abshire filed a notice of appeal from a judgment signed on
October 24, 2019.

U nder the rules of appellate procedure, the notice of appeal must be filed (1) within thirty
days after the judgment is signed absent a timely filed post judgment motion, or (2) within ninety
days after the judgment is signed if a party timely files a motio n for new trial, motion to modify
the judgment, motion to reinstate under Rule 165a, or request for findings of fact and conclusions
of law that are either required by the rules or, if not required, could be properly considered by the
appellate court

. See T EX

. R. A PP

. P. 26. 1 (a). Here, Appellant filed a motion for new trial on

November 20 , making his notice of appeal due on or before January 22, 2020. Appellant filed his
notice of appeal on January 28, without a motion for extension of time.

On January 28, this Court notified Appellant that the information received in this appeal
does not show the jurisdiction of this Court, i.e., there is no timely notice of appeal. See T EX

. R.

A PP

. P. 26.1, 37.1. However, Appellant was further notified that, pursuant to Rule 26.3 and
Verburgt v. Dorner , 959 S.W.2d 615 (Tex. 1997) , we would imply a motion to extend time for
filing the notice of appeal. We informed Appellant that Rule 26.3 requires a motion complying
with Rule 10.5(b). See T EX

. R. A PP

. P. 10.5(b), 26.3(b). Thus, we notified Appellant that the
appeal would be dismissed unless on or before February 7, Appellant informed this Court, in2 writing, of facts that reasonably explained his need for an extension of time to file the notice of
appeal. The deadline for r esponding to this Court’s notice expired without a response from
Appellant.
Additionally, a party who is not excused by statute or the appellate rules from paying costs

must pay

-- at the time an item is presented for filing

-- whatever fees are required by statute or Texas
Supreme Court order. T EX

. R. A PP

. P. 5. An appellate court may enforce Rule 5 by any order that
is just. Id

. A fter giving ten days ’ notice , an appellate court may dismiss an appeal because the
appellant failed to comply with a requirem ent of the appellate rules, a court order, or a notice from
the clerk requiring a response or other action within a specified time. T EX

. R. A PP

. P. 42.3(c).

On January 28, 2020 , the C lerk of this Court notified Appellant that the filing fee in this
appeal is due. See T EX

. R. A PP

. P. 5. Appellant was informed that failure to remit the filing fee

on or before February 7 would result in the Court’s taking appropriate action, including d ismissal

of the case without further notice. See T EX

. R. A PP

. P. 42.3(c). The date for remitting the filing
fee passed, and Appellant has not paid the fee or otherwise shown that he is excused from paying

the fee

. 1
Because Appellant failed, after noti ce, to comply with Rule s 5 , 26.1, and 26.3 , the appeal

is dismissed

. See T EX

. R. A PP

. P. 42.3(c).
Opinion delivered February 12, 2020. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( PUBLISH )

1 The case information sheet provided by the San Augustine County District Clerk’s Office reflects that Appellant has not been declared indigent.

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

FEBRUARY 1 2 , 2020

NO. 12

- 20

- 00026

- CV

PERCY ABSHIRE, Appellant V. MELANIE ABSHIRE, Appellee

Appeal from the 273rd District Court
of San Augustine County, Texas (Tr.Ct.No. D

- 14

- 5407)

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 dis missed.
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., Hoyl e, J. and Neeley, J.