Unreported / Non-Citable
Background
Leonardo Araya, proceeding without counsel, filed a notice of appeal from a June 22, 2026 judgment of the County Court at Law No. 2 of Brazoria County.
Araya neither paid the required appellate fees nor established indigence for purposes of appellate costs. The court notified him on July 31, 2026, that the appeal was subject to dismissal unless he paid the costs or established indigence by August 31, 2026. He did not adequately respond.
The Court’s Holding
The Texas First Court of Appeals dismissed the appeal for nonpayment of all required fees under Texas Rules of Appellate Procedure 42.3(c) and 43.2(f).
The court also dismissed all pending motions as moot.
Key Takeaways
- An appellant must pay required appellate fees or establish indigence for appellate costs.
- An appeal may be dismissed when the appellant fails to cure a fee deficiency after receiving notice and an opportunity to respond.
- Dismissal of the appeal rendered all pending motions moot.
Why It Matters
The decision underscores that compliance with appellate fee requirements is necessary to keep an appeal pending, including for litigants proceeding without counsel. When an appellant fails to pay or establish indigence after notice, the appellate court may dismiss the case without reaching the merits of the underlying judgment.