Background
Neatherlin Commercial Group, L.P. appealed an eviction judgment that the County Court at Law No. 1 of Brazos County signed on April 13, 2026. Neatherlin filed the appeal in the Texas Tenth Court of Appeals on July 13, 2026.
That same day, the appellate clerk notified Neatherlin that a $205 filing fee and a docketing statement were due by July 23. After Neatherlin failed to submit either item, the clerk sent two additional notices on July 29 warning that the appeal would be dismissed unless the fee was paid and the docketing statement filed by August 10.
The Court’s Holding
The court dismissed the appeal because Neatherlin did not pay the filing fee or file the required docketing statement despite the clerk’s notices and dismissal warnings.
The court held that dismissal was warranted for want of prosecution and failure to comply with the clerk’s directives under Texas Rules of Appellate Procedure 42.3(b) and 42.3(c). It did not reach the merits of the eviction judgment.
Key Takeaways
- An appellant’s failure to pay the required filing fee can result in dismissal of the appeal.
- Failure to file a docketing statement after notice from the appellate clerk independently supports dismissal.
- The court dismissed the appeal on procedural grounds without reviewing the underlying eviction judgment.
Why It Matters
The decision underscores that timely compliance with appellate filing requirements is essential to preserving review. Even when a notice of appeal has been filed, ignoring fee requirements and clerk-issued deadlines can end the appeal before the court considers its merits.