Background
Elisa Arce, as next friend of A.A., appealed a judgment from the 120th District Court in El Paso County. Arce filed her notice of appeal on June 15, 2026, and filed an amended notice on June 18, 2026. However, she neither paid the required appellate filing fees nor sought permission to proceed without payment of costs, as required by the Texas Rules of Appellate Procedure.
On June 17, 2026, the Clerk of the Court of Appeals notified Arce that the appeal could be dismissed if she failed to pay the filing fees by June 27, 2026. The Clerk also warned that failure to comply with the Texas Rules of Appellate Procedure, court orders, or clerk notices requiring timely responses could result in dismissal. Arce did not pay the fees or respond to the Clerk’s notice by the deadline.
The Court’s Holding
The Court of Appeals dismissed the appeal. Under Texas Rule of Appellate Procedure 5, appellate filing fees must be paid when a notice of appeal is presented to the court for filing. Because Arce neither satisfied this requirement nor sought waiver of fees, the court lacked jurisdiction to proceed with the appeal.
The court noted that it had given Arce explicit notice of the deadline and consequences, and that her failure to respond constituted grounds for dismissal under Texas Rule of Appellate Procedure 42.3(c). Accordingly, the court dismissed all pending motions as moot.
Key Takeaways
- Appellate filing fees must be paid when a notice of appeal is filed, not at some later date.
- An appellant must either pay required fees or establish a right to proceed without payment of costs; failing to do either results in dismissal.
- Courts strictly enforce procedural deadlines; a clerk’s notice specifying a fee deadline and warning of dismissal is proper notice.
- Failure to respond to a clerk’s notice regarding compliance with appellate rules is grounds for dismissal.
Why It Matters
This decision underscores that appellate procedure is not forgiving of administrative oversights. Even meritorious claims can be lost entirely if an appellant fails to comply with basic procedural requirements like paying filing fees. Attorneys and pro se appellants must calendared these deadlines carefully and respond promptly to notices from the clerk.
The case serves as a reminder that in appellate practice, procedural compliance is often as important as the merits—a case can never reach the substance stage if the appellant fails to satisfy jurisdictional prerequisites.