Unreported / Non-Citable
Background
Rickey Thomas filed a notice of appeal on February 4, 2026, challenging a final judgment signed by the 60th District Court of Jefferson County on January 28, 2026. The clerk of the court of appeals invoiced Thomas for the appellate filing fee and subsequently sent a Bill of Costs and a Certified Bill of Costs after the fee remained unpaid.
The appellate clerk warned Thomas that the appeal would be dismissed unless he paid the filing fee by June 8, 2026. The trial-court clerk also reported that Thomas had not arranged payment for preparation of the clerk’s record. Because Thomas had not established indigent status, the court warned him that failure to pay or arrange payment for the record could result in dismissal for want of prosecution. He did not respond.
The Court’s Holding
The Texas Ninth Court of Appeals dismissed the appeal for want of prosecution. The court concluded that Thomas had neither paid the appellate filing fee nor explained his failure to pay the fee required for preparation of the clerk’s record.
The court relied on Texas Rules of Appellate Procedure 5, 37.3(b), 42.3(c), and 43.2(f). Those rules permitted dismissal after Thomas failed to satisfy the applicable fee requirements or respond to the court’s warnings.
Key Takeaways
- An appellant must timely pay the appellate filing fee unless excused from doing so.
- An appellant who has not established indigent status must pay or arrange payment for preparation of the clerk’s record.
- Failure to address fee deficiencies after receiving dismissal warnings may result in dismissal for want of prosecution.
Why It Matters
The decision underscores that perfecting an appeal requires more than filing a notice of appeal. Appellants must also comply with fee and record-preparation requirements or establish a basis for relief from those obligations.
When an appellate court provides notice and an opportunity to cure such deficiencies, failing to respond can end the appeal without consideration of its merits.