Unreported / Non-Citable
Background
Emerald Squares Apartments filed an appeal from a proceeding in Bexar County Court at Law No. 3. A $205 appellate filing fee was due when the notice of appeal was filed, but the fee was not paid.
After the court clerk notified Emerald Squares of the deficiency, the Fourth Court of Appeals ordered payment by June 25, 2026, and warned that nonpayment could result in dismissal. The trial court clerk also reported that Emerald Squares had neither paid nor arranged to pay for preparation of the clerk’s record. The appellate court ordered Emerald Squares to provide proof of payment arrangements or entitlement to proceed without paying, but it did not respond to either order or submit a sworn statement of inability to pay costs.
The Court’s Holding
The court dismissed the appeal for want of prosecution. It concluded that dismissal was warranted because Emerald Squares failed to pay or arrange payment for the clerk’s record and failed to comply with the court’s orders despite express warnings that the appeal would be dismissed.
The court relied on Texas Rule of Appellate Procedure 37.3(b), which permits dismissal when an appellant fails to pay or arrange payment for preparation of the clerk’s record, and Rule 42.3(c), which permits dismissal when an appellant fails to comply with a court order.
Key Takeaways
- An appellant must timely pay required appellate filing fees or establish an entitlement to proceed without payment.
- Failure to pay or arrange payment for the clerk’s record may support dismissal for want of prosecution.
- Ignoring appellate court orders after receiving express dismissal warnings can independently justify dismissal.
Why It Matters
The memorandum opinion underscores that procedural payment requirements can determine whether an appeal proceeds. Appellants who cannot pay must timely invoke the applicable procedure for establishing inability to pay rather than leave fees unpaid and court orders unanswered.