Summary
The Texas Court of Appeals for the Second Appellate District dismissed the appeal because the appellants failed to pay the required $205 filing fee after receiving notices under Texas Rule of Appellate Procedure 42.3(c). The court assessed all costs of the appeal against the appellants.
Topics
Practice areas
Questions Presented
- Whether the court of appeals should dismiss the appeal when appellants failed to pay the required filing fee after notice and an opportunity to cure.
Holdings
- An appellate court may dismiss an appeal when the appellants fail to comply with the procedural requirement to pay the filing fee after receiving notice that noncompliance will result in dismissal.
Key quotations
“Because Appellants have not complied with a procedural requirement and the Texas Supreme Court’s order of August 28, 2015, we dismiss the appeal.” (at 1)
Factual background
The appellants were required to pay a $205 filing fee in connection with their appeal. After receiving notices on March 12 and April 29, 2026, warning that the appeal would be dismissed if the fee was not paid, appellants failed to pay it.
Procedural history
The appeal arose from the 467th District Court of Denton County, Texas, trial court cause number 25-4432-367. On March 12 and April 29, 2026, the court of appeals notified appellants that it would dismiss the appeal unless they paid the $205 filing fee; appellants did not pay, so the court dismissed the appeal.