Unreported / Non-Citable
Background
The appeal arose from a marriage proceeding in the 285th Judicial District Court of Bexar County. On July 2, 2026, the Fourth Court of Appeals instructed the appellant to pay the $205 filing fee.
The appellate record contained no evidence that the appellant was excused by statute or rule from paying the fee. On August 11, the court ordered him to show by August 21 that payment had been made and warned that failing to respond could result in dismissal. He neither responded nor paid.
The Court’s Holding
The court dismissed the appeal for failure to pay the required filing fee. It relied on the Texas Rules of Appellate Procedure governing filing fees and dismissal for failure to comply with a court order.
The memorandum opinion did not address the merits of the underlying marriage proceeding. The dismissal rested solely on the appellant’s failure to pay after receiving notice and an opportunity to demonstrate compliance.
Key Takeaways
- An appellant must pay the required appellate filing fee unless excused by statute or rule.
- Failure to respond to an order to show proof of payment may result in dismissal.
- The court dismissed the appeal without reaching the underlying dispute.
Why It Matters
The decision underscores that procedural obligations can determine whether an appeal proceeds. After warning the appellant and allowing time to establish payment, the court dismissed when he took no action.