Reported / Citable
Background
Erika Quiroz filed a notice of appeal on June 8, 2026 in a family law matter concerning her marriage to Luis Acuna. The case originated in the 383rd District Court of El Paso County. Under Texas Rules of Appellate Procedure, appellate filing fees must be paid at the time the notice of appeal is filed.
On June 12, 2026, the Clerk of the Court of Appeals notified Quiroz that the appeal would be dismissed if filing fees were not paid by June 22, 2026. The Clerk’s notice explicitly warned that failure to comply with Texas Rules of Appellate Procedure or the Clerk’s requirements could result in dismissal.
The Court’s Holding
The court dismissed the appeal under Texas Rules of Appellate Procedure 5 and 42.3(c). Quiroz never paid the required filing fees by the June 22 deadline and did not respond to the Clerk’s notice. Additionally, Quiroz failed to file the required docketing statement under Rule 32.1.
The dismissal was purely procedural and did not address the merits of the underlying family law dispute. The court emphasized that compliance with appellate filing requirements and fees is mandatory and strictly enforced.
Key Takeaways
- Appellate filing fees must be paid when the notice of appeal is filed, not later.
- Courts of appeals will dismiss appeals for non-payment of required fees and failure to comply with procedural rules.
- Failure to respond to the Clerk’s notices regarding compliance deadlines results in dismissal.
- Filing required documents like the docketing statement is a prerequisite to maintaining an appeal.
Why It Matters
This decision illustrates the strict procedural gatekeeping function of appellate courts in Texas. Substantive legal disputes may be forfeited entirely due to procedural non-compliance, regardless of the merits of the underlying case.
For practicing attorneys, the case underscores the critical importance of calendaring appellate deadlines, promptly paying filing fees, and filing all required documents. The Clerk’s June 12 notice provided clear warning, yet the appellant’s failure to act resulted in complete loss of appellate review.