Background
Kevin Cerda, proceeding pro se, filed a notice of appeal from an eviction judgment entered by the County Court at Law No. 5 of Nueces County. The clerk of the Thirteenth Court of Appeals notified Cerda that his notice did not comply with several appellate rules and directed him to file an amended notice within thirty days. The clerk also instructed him to pay the $205 appellate filing fee.
After Cerda failed to pay the fee, the clerk sent a delinquency notice warning that the appeal would be dismissed unless payment was made within ten days. The clerk later issued another notice identifying the defects in the notice of appeal, requesting their correction, and again warning of dismissal. Cerda did not submit a corrected notice, pay the filing fee, or otherwise respond.
The Court’s Holding
The court dismissed the appeal under Texas Rules of Appellate Procedure 42.3(b) and 42.3(c). Those provisions authorize dismissal when an appellant fails to comply with the appellate rules, a court order, or a clerk’s notice requiring action within a specified period.
Because Cerda neither corrected the defects in his notice of appeal nor paid the required filing fee despite repeated notices and dismissal warnings, the court concluded that dismissal was warranted. The memorandum opinion did not address the merits of the underlying eviction judgment.
Key Takeaways
- An appellate court may dismiss an appeal when an appellant fails to correct deficiencies in a notice of appeal after receiving notice and an opportunity to respond.
- Failure to pay the required appellate filing fee after a delinquency warning can independently support dismissal.
- Self-represented appellants remain responsible for complying with appellate filing requirements and clerk directives.
Why It Matters
The decision illustrates that initiating an appeal requires more than timely submitting a notice: appellants must also correct identified filing defects, pay required fees unless excused, and respond to court notices. Repeated inaction can end an appeal before the reviewing court considers the underlying judgment.