Background
Marvin Carter and Esther Lozano appealed from multiple orders of the 66th District Court of Hill County granting summary judgment against them.
The appellate clerk notified the appellants that the $205 filing fee and their docketing statement were due by August 20, 2026. After neither was submitted, the clerk sent separate notices warning that the appeal would be dismissed unless the appellants paid the fee and filed the statement by September 4, 2026. They did not do so.
The Court’s Holding
The Texas Tenth Court of Appeals dismissed the appeal for want of prosecution and failure to comply with the clerk’s directives.
The court relied on Texas Rules of Appellate Procedure 42.3(b) and 42.3(c), which permit dismissal when an appellant fails to prosecute an appeal or comply with a court requirement or order. The court did not address the merits of the challenged summary-judgment orders.
Key Takeaways
- An appellant’s failure to pay the required filing fee can result in dismissal of the appeal.
- Failure to submit a required docketing statement after notice and an opportunity to cure independently supports dismissal.
- The dismissal was procedural and left the merits of the underlying summary-judgment orders unreviewed.
Why It Matters
The decision underscores that appellate deadlines and clerk directives are enforceable requirements, not administrative formalities. Parties who fail to cure filing deficiencies after receiving explicit warnings risk losing appellate review without a decision on the merits.