Background
On May 6, 2026, the appellant filed a notice of appeal from a February 5, 2026 order on a motion for enforcement and income withholding in a Travis County case involving two children. The appeal was transferred from the Third Court of Appeals to the Thirteenth Court of Appeals under a docket-equalization order.
The appellate clerk requested payment of the $205 filing fee on May 8 and again on July 15. The second notice gave the appellant ten days to pay and warned that failure to do so could result in dismissal. On July 31, the appellant moved for additional time to file a brief, suspension of the briefing schedule, and an order directing the court reporter to file the reporter’s record, but the appellant neither paid the fee nor otherwise responded to the clerk’s notices.
The Court’s Holding
The Thirteenth Court of Appeals dismissed the appeal for want of prosecution. It explained that Texas Rules of Appellate Procedure 42.3(b) and (c) permit dismissal when an appellant fails to comply with the appellate rules, a court order, or a clerk’s notice requiring action within a specified time.
Because the appellant failed to pay the required filing fee or respond as directed, dismissal was warranted. The court denied as moot the appellant’s requests for additional briefing time, suspension of the briefing schedule, and an order concerning the reporter’s record.
Key Takeaways
- An appellant who is not excused from costs must timely pay the required appellate filing fee.
- Failure to act after a clerk’s warning may result in dismissal for want of prosecution under Texas Rule of Appellate Procedure 42.3.
- Once the appeal was dismissed, the appellant’s pending procedural motions became moot.
Why It Matters
The decision underscores that filing-fee requirements and clerk-issued deadlines are independently enforceable obligations in Texas appellate practice. Seeking more time to brief the merits does not cure a failure to pay the filing fee or respond to notices addressing that deficiency.