LeBaron v. L&W Supply Corporation — Appeal dismissed for failure to pay filing fee

Case
Miguel Bernardo LeBaron v. L&W Supply Corporation D/B/A Building Specialties
Court
Texas Court of Appeals, Thirteenth District (Corpus Christi-Edinburg)
Date Decided
July 2, 2026
Docket No.
13-26-00308-CV
Topics
Appeal Dismissal, Procedural Compliance, Filing Fee Requirement, Want of Prosecution
Source
Read the full opinion

Background

Appellant Miguel Bernardo LeBaron filed a notice of appeal on March 2, 2026, from a judgment in the 425th District Court of Williamson County. The Clerk of the Court sent a routine notice requesting payment of the $205.00 filing fee within ten days. Appellant failed to remit the fee within the deadline. On April 30, 2026, the Clerk notified appellant of the delinquency and warned that the appeal would be subject to dismissal if payment was not made within an additional ten days. Appellant did not pay the fee, respond to the notice, or take any other action within the time specified.

The Court’s Holding

The Thirteenth Court of Appeals dismissed the appeal for want of prosecution. The court found that appellant’s failure to pay the required filing fee and failure to respond to the Clerk’s notices constituted abandonment of the appeal. Under Texas Rules of Appellate Procedure Rule 42.3(b) and (c), an appeal may be dismissed when the appellant fails to comply with procedural requirements and deadlines. The court also denied Appellee’s motion to extend the deadline for pro hac vice admission as moot, given that the underlying appeal had been dismissed.

Key Takeaways

  • Appellants must pay required filing fees within the time specified by the Clerk or face dismissal of their appeal.
  • Failure to respond to Clerk’s notices regarding delinquent fees constitutes abandonment of the appeal under Texas appellate rules.
  • Courts will not excuse non-compliance with administrative appellate procedures, even when the underlying case has merit.

Why It Matters

This decision reinforces that appellate courts strictly enforce procedural compliance requirements. A filing fee is a jurisdictional prerequisite to appellate review; failure to pay within the prescribed time may result in dismissal of the appeal regardless of the merits of the underlying dispute. Appellants and their counsel must treat Clerk’s notices seriously and respond promptly to avoid forfeiting the right to appellate review. This case serves as a cautionary reminder that technical procedural requirements, though sometimes burdensome, are non-negotiable in appellate practice.

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