Summary
The First District Court of Appeals of Texas dismissed the appeal for want of prosecution because the appellants neither paid the appellate filing fee nor established indigence after receiving notice and an opportunity to comply. The court also dismissed all pending motions as moot.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for want of prosecution when appellants failed to pay the appellate filing fee or establish indigence after notice and an opportunity to cure.
- Whether pending motions should be dismissed as moot after dismissal of the appeal.
Holdings
- An appeal may be dismissed for want of prosecution when appellants fail to pay the appellate filing fee or establish indigence after receiving notice and an opportunity to cure.
- Pending motions are moot following dismissal of the appeal.
Key quotations
“We dismiss the appeal for want of prosecution.”
“We dismiss all pending motions as moot.”
Factual background
Appellants filed a notice of appeal but did not pay the required appellate filing fee or establish indigence for purposes of appellate costs. The appellate clerk notified appellants of the deficiency and gave them until December 29, 2025, to cure it. Appellants neither responded to the notice nor cured the deficiency.
Procedural history
Appellants filed their notice of appeal on November 3, 2025, from the 400th District Court of Fort Bend County, Texas. The appellate clerk notified them that the appeal could be dismissed unless they paid the filing fee by December 29, 2025. Appellants did not respond, pay the fee, or establish indigence, so the court dismissed the appeal for want of prosecution and dismissed all pending motions as moot.