## NO. 12

- 21

- 00049

- CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:
GREGORY STRBAN , RE LA TOR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM This original proceeding is being dismissed for failure to comply wit h a r equirement of the appellate rules , a court order, or a notice from the clerk requiring a response or other action

w ithin a specified time. See T EX

. R. A PP

. P. 42.3(c). A party who is not excused by statute or the appellate rules from paying costs mus t 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 ; see T EX

. R. A PP

. P. 20.1

. An appellate court may enforce Rule 5 by any order that is just. T EX

. R. A PP

. P. 5

. Aft er giving ten days ’ notice, an appellate court may dismiss for fail ure to comply with a requirement of the appellate rul es, a court order, or a notice from the clerk requiring a response or other act ion within a specified time. T EX

. R. A PP

. P. 42.3(c). O n April 5, 2021 , the Clerk of this Court notified Relator , Gregory St rban , that the filing fee in this proceeding is due

. 1 R elator was informed that failure to remit the f iling fee on or before April 9 , would result in the Court ’ s taking appropriate actio n, including dismissal of the case without further notice. See T EX

. R. A PP

. P. 42.3(c). The April 9 deadline expired , and Rel ator has not responded to this Court ’ s notice, paid the filing fee , or otherwise shown that he is excused from paying the fee

.

1 Respondent is the Honorable Clyd e Herrington, Judge of the County Co urt at Law No. 2 of Angelina County, Texas. The Real Parties in Interest are Jason S. Armstrong , John Weismuller, J r. , Jeffrey P. Bates, and Shawna Benge.2 B ecause, after notice and an opportunity to cure, Re lator has not complied with a requirement of the appellate rules, a c ourt or der, or a notice from the clerk requiring a response or other action within a speci fied time, this original proceeding is dismiss ed

. See T EX

. R. A PP

. P. 42.3(c) ; see also In re Emerson , No. 12

- 20

- 00070

- CV, 2020 WL 1933596 (Tex. App.

— Tyler A pr. 22, 2020, or ig. proceeding) (mem. op.) (per curiam) ( dismissing original proceeding for failure to pay filing fee); In re Johnson , No. 12

- 15

- 00295

- CV, 2015 WL 9594733 (Tex. A pp

— Tyler Dec. 30, 2015, orig. proceeding) (me m. op.) (per curiam) (same)

. We l ift t he stay pr eviously imposed in this case. Opinion delivered April 21, 2021. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.3 

## COURT OF APPEALS
TW ELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT

APRIL 21 , 2021
N O. 12

- 21

- 00049

- CV

GREGORY STRBAN , Relator V.
HON. CLYDE HERRINGTON , Respondent

O RIGINAL P ROCEEDING

ON THIS DAY came to be heard the pe tition for writ of mandamus filed by Gregory Strban ; who is the relator in appellate cause number 12

- 21

- 00049

- CV and a party to trial court cause number 017

- 17

- G , pending on the docket of the County Court at Law No

. 2 of Angelina County , Texas. Said pe tit ion for writ of mandamus having been filed herein on April 1, 2021 , and the same having been duly considered, becaus e it is the opinion of this Court that the writ should not issue , it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition fo r writ of mandamus be, and the same is, hereby dismissed

. The stay imposed on April 5, 2021 is lifted

. By per curia m opinion. Panel co nsisted of Worthen, C.J., Hoyle, J. and Neeley, J.