Adrian Ramos v. Peggy Falls Bagnall

Summary

The Thirteenth Court of Appeals of Texas dismissed Adrian Ramos’s appeal for failure to pay the appellate filing fee and comply with the clerk’s notice. The court also denied Ramos’s motion for an extension of time to file the notice of appeal because it did not comply with the Texas Rules of Appellate Procedure.

Holdings

1. The court may dismiss an appeal when the appellant fails to comply with an appellate-rule requirement or a clerk's notice requiring payment or another action within a specified time; because Ramos failed to pay the appellate filing fee after notice, dismissal was proper.
2. The motion for extension was denied because it failed to comply with the Texas Rules of Appellate Procedure; the court nevertheless treated the motion as filed on the date received.

Questions Presented

1. Whether the court of appeals could dismiss the appeal because the appellant failed to pay the required appellate filing fee after receiving a clerk's notice.
2. Whether the appellant's motion for an extension of time to file the notice of appeal should be granted when the motion did not comply with the Texas Rules of Appellate Procedure.

Disposition

dismissed