C.H., Appellant v. J.H., Appellee (2015)

MEMORANDUM OPINION

Appellant, C.H., filed notice of appeal of the trial court's December 22, 2014 Judgment awarding appellee, J.H., $381,342.47 plus post-judgment interest in damages.¹  By letter dated March 18, 2015, C.H. was notified that a filing fee of $195 had not been paid, and failure to do so by March 30 could result in the appeal being dismissed pursuant to Texas Rule of Appellate Procedure 42.3(c).  No fee having been received within the deadline, by letter dated April 17, 2015, C.H. was again advised of the outstanding filing fee and the consequences of failing to pay.   This notice gave C.H. until May 1 to pay the filing fee.   Despite two notices and a reasonable time in which to comply with this Court's request, C.H. has failed to pay the filing fee.   As such, this Court is authorized to dismiss this appeal.   See Tex.R.App. P. 42.3(c).

Consequently, this appeal is dismissed.

ORDER OF SEVERANCE

Appellant, C.H., timely filed notice of appeal from the trial court's December 22, 2014 Judgment.   J.H. timely filed a notice of cross-appeal.   Because C.H. has repeatedly failed to comply with directives of this Court to pay the filing fee, his appeal is, this same day, being dismissed.

However, this Court's dismissal of C.H.'s appeal does not affect J.H.'s right to proceed on her cross-appeal.   To enable J.H.'s cross-appeal to move forward, we sever the cross-appeal into cause number 07–15–00203–CV.   All filings, specifically including the reporter's record and docketing statement, filed in this cause shall be considered as being filed in 07–15–00203–CV.   All other filings are due as indicated by the Texas Rules of Appellate Procedure.

It is so ordered.

FOOTNOTES

1.   J.H. timely filed a notice of cross-appeal of the same judgment.   To effectuate the present dismissal, J.H.'s cross-appeal has been severed into cause no.   07–15–00203–CV, where it remains pending and will proceed in due course.

Per Curiam