Background
Diana Ramirez filed a notice of appeal on July 6, 2026, from a judgment of El Paso County Court at Law No. 6 in her case against R2V Investments, LLC.
Ramirez did not pay the required appellate filing fees or establish a right to proceed without paying costs. On July 8, the appellate clerk notified her that the appeal could be dismissed unless she paid the fees by July 18 and warned that failure to comply with the appellate rules or the clerk’s notice could result in dismissal.
The Court’s Holding
The Eighth Court of Appeals dismissed Ramirez’s appeal because she neither paid the appellate filing fees nor responded to the clerk’s notice.
The court explained that appellate fees are due when a notice of appeal is presented for filing. It dismissed the appeal under Texas Rules of Appellate Procedure 5 and 42.3(c), which authorize dismissal for failure to comply with applicable procedural requirements or a court notice.
Key Takeaways
- Texas appellate filing fees are due when the notice of appeal is presented for filing.
- An appellant who cannot pay must establish a right to proceed without payment of costs.
- Failure to pay the required fees or respond to a clerk’s warning may result in dismissal of the appeal.
Why It Matters
The decision underscores that filing a notice of appeal alone does not ensure appellate review. Appellants must also satisfy the fee requirements—or properly establish indigency—and promptly respond to court notices to avoid procedural dismissal.