Unreported / Non-Citable
Background
John Szczsponik, Millennial Design + Build, LLC, and Pro HD Construction, LLC appealed from the 431st District Court of Denton County in litigation involving Steve and Julie Dickson.
The court of appeals notified Szczsponik and Millennial Design + Build on July 22 and August 11, 2026, that it would dismiss their appeal unless they paid the $205 filing fee. Neither appellant paid the fee.
The Court’s Holding
The court dismissed the appeal as to Szczsponik and Millennial Design + Build because they failed to comply with the filing-fee requirement. It ordered those two appellants to bear their own appellate costs.
The dismissal did not dispose of Pro HD Construction’s appeal. The court ordered the case restyled as Pro HD Construction, LLC v. Steve Dickson and Julie Dickson.
Key Takeaways
- An appellate court may dismiss an appellant for failing to pay the required filing fee after notice and an opportunity to comply.
- The dismissal applied only to Szczsponik and Millennial Design + Build, not to Pro HD Construction.
- Following the partial dismissal, Pro HD Construction remained as the sole appellant and the court restyled the case accordingly.
Why It Matters
The memorandum opinion illustrates that failure to satisfy a basic appellate filing requirement can remove individual parties from an appeal without ending the appeal for a co-appellant that remains before the court.