Background
The appellant filed a notice of appeal on May 26, 2026, from proceedings in El Paso County Probate Court No. 2. The appellant neither paid the required appellate filing fees nor established a right to proceed without paying costs.
On July 8, 2026, the court clerk notified the appellant that the filing fee was due and warned that the appeal could be dismissed if payment was not made by July 18. The appellant neither paid the fees nor responded to the notice and also failed to file the required docketing statement.
The Court’s Holding
The Texas Eighth Court of Appeals dismissed the appeal under Texas Rules of Appellate Procedure 5 and 42.3(c). Rule 5 requires appellate fees to be paid when the notice of appeal is presented for filing, while Rule 42.3(c) permits dismissal for failure to comply with a rule, court order, or clerk’s notice.
Because the appellant did not pay the filing fees, establish an exemption from costs, or respond after receiving notice and an opportunity to comply, the court dismissed the appeal without addressing the merits of the underlying probate matter.
Key Takeaways
- Appellate filing fees are due when a notice of appeal is presented for filing.
- An appellant who cannot pay must establish a right to proceed without payment of costs.
- Failure to comply with a clerk’s payment notice can result in dismissal before the merits are considered.
Why It Matters
The decision underscores that initiating an appeal requires more than timely filing a notice of appeal. Appellants must also satisfy applicable fee requirements or properly demonstrate their entitlement to proceed without costs.
When the appellate clerk provides notice and a compliance deadline, failing to respond can end the appeal without judicial review of the underlying claims.