Background
Barbara J. Compton appealed from a case in the 333rd District Court of Harris County involving appellees Arundina LLC and JKMD Homes, LLC. The memorandum opinion does not describe the underlying dispute or the trial court’s ruling.
JKMD Homes moved to dismiss the appeal because Compton had not paid the required appellate filing fee or the fee for preparation of the clerk’s record. The court’s records also showed that Compton had not established indigence for purposes of appellate costs.
The court notified Compton on March 13, 2026, about the unpaid filing fee and again on June 24, 2026, about the unpaid clerk’s-record fee. Both notices warned that the appeal could be dismissed if she did not pay the fees or establish indigence, but she did not respond.
The Court’s Holding
The First Court of Appeals granted JKMD Homes’ motion and dismissed the appeal. It relied on Texas Rules of Appellate Procedure permitting dismissal when an appellant fails to pay required fees and when the clerk’s record is not filed because of the appellant’s fault.
Because Compton neither paid the filing and record fees nor established indigence after receiving notice, the court concluded that involuntary dismissal was warranted under Texas Rules of Appellate Procedure 42.3 and 43.2(f).
The court also dismissed all pending motions as moot.
Key Takeaways
- An appellant must pay required appellate and record-preparation fees or properly establish indigence.
- Failure to cure fee deficiencies after notice may result in involuntary dismissal of the appeal.
- When dismissal ends the appeal, remaining pending motions may be dismissed as moot.
Why It Matters
The decision underscores that compliance with appellate cost requirements is necessary to keep an appeal alive. An appellant who cannot afford those costs must timely use the prescribed procedure to establish indigence rather than leave payment notices unanswered.
The opinion also illustrates that dismissal may follow when an appellant’s failure to pay prevents preparation of the clerk’s record, without the appellate court reaching the merits of the underlying case.