In the Matter of the Marriage of Daniel Alexander Boudreau and Patsy Carroll Denman v. the State of Texas

NO. 12-23-00059-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE 321ST
IN THE MATTER OF THE
MARRIAGE OF DANIEL § JUDICIAL DISTRICT COURT
ALEXANDER BOUDREAU AND
PATSY CARROLL DENMAN § SMITH COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with a requirement of the appellate
rules, a court order, or a notice from the clerk requiring a response or other action within a
specified time. See TEX. R. APP. P. 42.3(c).
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. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may
enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an
appellate court may dismiss an appeal because the appellant failed to comply with a requirement
of the appellate rules, a court order, or a notice from the clerk requiring a response or other
action within a specified time. TEX. R. APP. P. 42.3(c).
On February 28, 2023, the Clerk of this Court notified Appellant, Daniel Alexander
Boudreau, that the filing fee in this appeal is due and that the appeal would be subject to
dismissal if the fee was not paid on or before March 10. 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

1
The case information sheet from the Smith County District Clerk’s Office reflects that Appellant was not
declared indigent in the trial court.

1
Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed.
See TEX. R. APP. P. 42.3(c). 2
Opinion delivered March 22, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2
We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 22, 2023

NO. 12-23-00059-CV

IN THE MATTER OF THE MARRIAGE OF
DANIEL ALEXANDER BOUDREAU
AND PATSY CARROLL DENMAN

Appeal from the 321st District Court
of Smith County, Texas (Tr.Ct.No. 18-0941-D)

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 dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the
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., Hoyle, J. and Neeley, J.

3