Unreported / Non-Citable
Background
Ricky Ward and Stephanie Hinojosa appealed from a proceeding in Parker County Court at Law No. 1 involving appellee Brian Keith Wheeler.
On June 29 and July 17, 2026, the Texas Second Court of Appeals notified the appellants that it would dismiss their appeal unless they paid the required $205 filing fee. The appellants did not pay the fee.
The Court’s Holding
The court dismissed the appeal because the appellants failed to comply with the filing-fee requirement despite receiving notice and an opportunity to cure the deficiency. It relied on Texas Rules of Appellate Procedure 42.3(c) and 43.2(f), as well as the Texas Supreme Court’s August 28, 2015 fee order.
The court also ordered the appellants to pay all costs of the appeal under Texas Rule of Appellate Procedure 43.4. The memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- A Texas appellate court may dismiss an appeal when an appellant fails to pay the required filing fee after notice.
- The appellants received two warnings but did not cure the procedural deficiency.
- The dismissal was procedural and did not resolve the merits of the parties’ underlying dispute.
Why It Matters
The decision underscores that failure to satisfy basic appellate filing requirements can terminate an appeal before any substantive issues are considered.
Appellate counsel should promptly address fee notices and other procedural-deficiency warnings to avoid dismissal and an assessment of appellate costs.