Unreported / Non-Citable
Background
Zak Shaik appealed from a case in the 352nd District Court of Tarrant County, Texas, involving appellees Dr. Anoop Kumar Reddy and Shailaja Reddy.
Shaik did not pay the filing fee required for the appeal. The court of appeals warned him on two separate occasions that it would dismiss the appeal unless he paid the fee, giving him ten days to comply each time. Both deadlines passed without payment.
The Court’s Holding
The Texas Second Court of Appeals dismissed the appeal for failure to pay the required filing fee. The court relied on Texas Rules of Appellate Procedure 42.3(c) and 43.2(f), after providing notice and an opportunity to cure as contemplated by Rule 44.3.
The court also ordered Shaik to pay all costs of the appeal under Texas Rule of Appellate Procedure 43.4. The per curiam memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- An appellant must pay the required appellate filing fee.
- An appellate court may dismiss an appeal after warning the appellant and allowing time to cure nonpayment.
- The dismissal was procedural and did not resolve the merits of Shaik’s claims.
Why It Matters
The decision underscores that failure to satisfy basic appellate filing requirements can end an appeal before any substantive issues are considered. Even after repeated warnings and opportunities to cure, continued nonpayment may result in dismissal and an assessment of appellate costs against the appellant.