Background
Elizabeth Rangel filed a notice of appeal on June 26, 2026, from a judgment of El Paso County Court at Law No. 3 in her case against Ralph A. Saavedra.
Rangel did not pay the required appellate filing fees or establish a right to proceed without paying costs. On June 29, the appellate clerk notified her that the appeal could be dismissed unless she paid the fees by July 9 and warned that failure to comply with the notice could result in dismissal. Rangel neither paid the fees nor responded.
The Court’s Holding
The Texas Eighth Court of Appeals dismissed Rangel’s appeal under Texas Rules of Appellate Procedure 5 and 42.3(c). The court explained that appellate filing fees are due when a notice of appeal is presented for filing and that Rangel failed to pay after receiving notice and an opportunity to comply.
The court did not address the merits of the underlying dispute. It also dismissed all pending motions as moot.
Key Takeaways
- Texas appellate filing fees are due when the notice of appeal is presented for filing.
- An appeal may be dismissed when the appellant fails to pay the required fees or establish a right to proceed without costs after receiving notice.
- The dismissal resolved only the appeal’s procedural status, not the merits of the underlying case, and rendered pending motions moot.
Why It Matters
The opinion underscores that filing a notice of appeal alone does not satisfy an appellant’s procedural obligations. An appellant must timely pay the required fees or properly establish eligibility to proceed without costs, and must respond to clerk notices warning of possible dismissal.