Background
Matthew Martinez filed a notice of appeal on June 18, 2026, from a probate court decision in an estate matter (Trial Court No. 2026-CPR00155, Probate Court No. 2, El Paso County). At the time of filing, Martinez neither paid the required appellate filing fee nor established a right to proceed without payment of costs, as required by Texas Rules of Appellate Procedure and Texas Government Code.
On June 15, 2026—before Martinez filed his notice—the Court’s Clerk notified Martinez that the appeal could be dismissed if he failed to pay the filing fees by June 25, 2026. The Clerk also warned that failure to comply with appellate rules, court orders, or notices requiring a time-specific response could result in dismissal. As of the opinion date (July 1, 2026), Martinez had neither paid the fees nor responded to the Clerk’s notice.
The Court’s Holding
The Court of Appeals dismissed the appeal. Under Texas Rules of Appellate Procedure, appellate filing fees must be paid when the notice of appeal is presented to the appellate court for filing. Non-payment within the prescribed deadline constitutes grounds for dismissal under Tex. R. App. P. 42.3(c).
The court emphasized that procedural compliance is mandatory: appellants who receive notice of fee requirements and fail to meet deadlines cannot proceed further, regardless of the merits of the underlying dispute.
Key Takeaways
- Appellate filing fees are a jurisdictional requirement and must be paid upon filing the notice of appeal or within a court-ordered deadline.
- Courts will provide notice of fee obligations and compliance deadlines, but failure to pay results in automatic dismissal.
- An appellant cannot bypass the fee requirement by ignoring the Clerk’s notice; non-response constitutes non-compliance.
- Procedural defects (failure to pay fees) will result in dismissal even if the appeal itself has substantive merit.
Why It Matters
This opinion reinforces a critical procedural principle: appellate courts lack jurisdiction to hear an appeal when filing fees remain unpaid and the appellant fails to qualify for in forma pauperis status. For practitioners, it serves as a stark reminder that appellate deadlines and fee requirements are non-negotiable. Missing the fee deadline can result in complete loss of appellate review, foreclosing any opportunity to challenge the trial court’s judgment.
The case also illustrates that courts provide adequate notice before dismissal. Appellants cannot claim surprise or lack of knowledge about fee requirements when the Clerk sends explicit warnings with deadline dates. Compliance is the appellant’s responsibility.