Unreported / Non-Citable
Background
Noyes Burton Livingston IV filed a notice of appeal on April 20, 2026, in a real property dispute against Hicks Valley Ranch Property Owners Association in the 38th Judicial District Court (Real County). The appeal originated from the trial court proceedings before Judge Kelley Kimble.
Texas Rule of Appellate Procedure 5 requires appellants to pay a $205.00 filing fee upon filing a notice of appeal. Livingston did not pay this fee when he filed his notice.
The Court’s Holding
The Fourth Court of Appeals dismissed Livingston’s appeal for failure to pay the required filing fee and failure to comply with court orders. The court gave Livingston multiple opportunities to cure the deficiency. First, the court conditionally filed the notice and instructed him to pay by May 11, 2026. When payment was not received, the court issued a second order on June 1, 2026, requiring Livingston either to pay the $205.00 fee or provide proof that he qualified for an exemption from the fee requirement. The court warned that failure to respond would result in dismissal.
Because Livingston neither paid the fee nor responded to the June 1 order within the required timeframe, the court dismissed the appeal pursuant to Texas Rule of Appellate Procedure 5 and 42.3(c).
Key Takeaways
- Filing fees are mandatory in Texas appellate practice unless the appellant qualifies for a documented exemption.
- Courts will provide notice and opportunity to cure, but appellants must act within the specified deadlines.
- Failure to pay filing fees or respond to court orders to do so results in automatic dismissal of the appeal.
- Appellants bear responsibility for understanding and complying with procedural requirements.
Why It Matters
This decision underscores the strict nature of appellate filing requirements in Texas. While trial courts may have discretion regarding certain procedural defects, appellate courts enforce fee requirements and compliance deadlines with little flexibility. For litigants, this means that failure to pay an appellate filing fee—even if only due to oversight or financial hardship—will result in the immediate dismissal of the appeal, foreclosing review of the trial court’s decision on its merits.
Practitioners must ensure appellate filing fees are paid timely. If a client cannot afford the fee, Texas courts do provide procedures to request exemption or deferral, but such requests must be made and decided before the appeal is dismissed. Once an appeal is dismissed for non-payment, the remedy is limited.