COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00197-CV 

IN THE INTEREST OF A.V., A 

CHILD

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FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 325-460493-09

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MEMORANDUM OPINION1 AND JUDGMENT

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On August 26, 2015, we affirmed the trial court’s order sustaining the trial 

court clerk’s and the court reporter’s contests to appellant’s affidavit of indigency

and concluded that appellant is not entitled to proceed without payment of costs 

in this appeal. See Tex. R. App. P. 20.1. We ordered that appellant pay the 

 

1See Tex. R. App. P. 47.4.
2

required $195.00 filing fee on or before Friday, September 4, 2015, and pay or 

make arrangements to pay for preparation of the appellate record on or before 

Thursday, September 24, 2015. We stated that failure to pay or to make such 

arrangements would result in dismissal of the appeal.

Appellant did not pay the $195.00 filing fee or pay or make arrangements 

to pay for preparation of the clerk’s record. On October 9, 2015, we notified 

appellant that we would dismiss this appeal unless, by Monday, October 19, 

2015, the $195 filing fee was paid and she made arrangements to pay for the 

clerk’s record and provided this court with proof of payment. See Tex. R. App. P. 

5, 35.3(a)(2), 37.3(b), 42.3(b), (c).

On October 27, 2015, we granted appellant’s “Motion for Extension of 

Time on Pending Dismissal for Time to Obtain Funds for Costs of Appeal.” In our 

order, we stated that we would dismiss this appeal unless, by Monday, 

November 30, 2015, the $195 filing fee was paid and appellant made 

arrangements to pay for the clerk’s record and provided this court with proof of 

payment. See Tex. R. App. P. 5, 35.3(a)(2), 37.3(b), 42.3(b), (c). We further 

stated that “NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED.”

Appellant has not paid the $195 filing fee. See Tex. R. App. P. 5, 12.1(b). 

Because appellant failed to comply with a requirement of the rules of appellate 

procedure and the Texas Supreme Court’s order of August 16, 2013,

2

it is the 

 

2See Supreme Court of Tex., Fees Charged in the Supreme Court, in Civil 

Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-district 
3

opinion of this court that the appeal should be dismissed. See Tex. R. App. P. 

42.3(c). 

The trial court clerk responsible for preparing the record in this appeal 

informed the court that payment arrangements had not been made to pay for the

clerk’s record as required by rule of appellate procedure 35.3(a)(2). See Tex. R. 

App. P. 35.3(a)(2). Because appellant has not made payment arrangements for 

the clerk’s record, it is the opinion of the court that the appeal also should be 

dismissed for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b). 

For these reasons, we dismiss the appeal. See Tex. R. App. P. 37.3(b), 

42.3(b), (c), 43.2(f). Appellant shall pay all costs of this appeal, for which let 

execution issue. See Tex. R. App. P. 43.4.

PER CURIAM 

PANEL: GARDNER, WALKER, and MEIER, JJ.

DELIVERED: December 10, 2015

 

Litigation, Misc. Docket No. 13-9127 (Aug. 16, 2013) (listing fees in courts of 

appeals).