Unreported / Non-Citable
Background
Sames, Inc. filed a notice of appeal from a default judgment entered by the 47th District Court of Potter County, Texas. It did not pay the filing fee required for the appeal.
On September 16, 2026, the appellate clerk notified Sames that the fee was overdue and warned that the appeal would be dismissed if the company did not pay by September 28. Sames still had not paid when the court issued its opinion.
The Court’s Holding
The Texas Seventh Court of Appeals dismissed the appeal because Sames failed to pay the required filing fee after receiving notice and an opportunity to comply.
The court concluded that Sames had failed both to comply with an appellate-rule requirement and to act within the time specified in the clerk’s notice. It dismissed the appeal under Texas Rules of Appellate Procedure 25.1(b) and 42.3(c).
Key Takeaways
- An appellant must pay the required appellate filing fee.
- Failure to comply with a clerk’s deadline after receiving a dismissal warning can result in dismissal of the appeal.
- The dismissal was procedural; the court did not address the merits of the default judgment.
Why It Matters
The decision illustrates that failure to satisfy basic appellate filing requirements can end an appeal before any merits review. Attorneys handling Texas appeals should promptly respond to clerk notices and cure fee-related deficiencies within the stated deadline.