Summary
The Second District Court of Appeals of Texas dismissed Shannon Birdow’s appeal for failure to pay the required $175 filing fee after notice under Texas Rule of Appellate Procedure 42.3(c). The court assessed all costs of the appeal against the appellant.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed because the appellant failed to pay the required appellate filing fee after receiving notice and an opportunity to cure the deficiency.
Holdings
- An appeal may be dismissed when the appellant fails to comply with the applicable appellate rules and court fee requirements by not paying the required filing fee after notice that the appeal will be dismissed for nonpayment.
Key quotations
“Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court’s order of August 28, 2007, we dismiss the appeal.”
Factual background
The appeal required payment of a $175 filing fee. The court of appeals sent Birdow two notices advising that the appeal would be dismissed if the fee was not paid, but Birdow failed to pay it.
Procedural history
The appeal came from County Court at Law No. 1 of Tarrant County. The court of appeals notified Birdow on November 18, 2010, and December 13, 2010, that the appeal would be dismissed unless the filing fee was paid. Birdow did not pay the fee, so the court dismissed the appeal and assessed appellate costs against Birdow.