Unreported / Non-Citable
Background
Sheldon Philip Brandon filed a notice of appeal on March 25, 2026, in a civil case from the 131st Judicial District Court of Bexar County, Texas. However, he did not pay the requisite filing fee required by Texas Rules of Appellate Procedure 5. The Fourth Court of Appeals conditionally filed the notice and sent written notification to the appellant advising that the appeal would be subject to dismissal if the filing fee was not paid.
On May 20, 2026, the court issued an order requiring Brandon to either pay the filing fee by June 1, 2026, or provide written proof that he was entitled to appeal without paying the fee. The court explicitly warned that failure to respond within the time ordered would result in dismissal of the appeal. Brandon neither paid the fee nor responded to the court’s order.
The Court’s Holding
The Fourth Court of Appeals dismissed the appeal for failure to pay the required filing fee and failure to comply with the court’s order to cure the defect. The court applied Texas Rules of Appellate Procedure 5 and 42.3(c), which require payment of filing fees and provide the mechanism for dismissal when appellants fail to satisfy these requirements.
The court’s decision was based on Brandon’s failure to take two alternative steps: he could have paid the filing fee, or he could have submitted documentation showing he qualified for an exemption from paying the fee. His failure to do either within the time allowed, despite clear notice and warning, left the court with no option but to dismiss.
Key Takeaways
- Filing fees are mandatory in Texas appellate practice and must be paid when filing a notice of appeal, absent qualifying circumstances.
- Trial courts provide notice and reasonable opportunity to cure defects in fee payment, but dismissal follows if the appellant fails to respond.
- Appellants must either pay the fee or present proof of exemption; silence or non-compliance results in automatic dismissal.
- Procedural compliance in appellate practice is strictly enforced and cannot be excused by lack of response.
Why It Matters
This opinion reinforces that appellate access in Texas requires adherence to procedural rules, particularly the payment of required fees. Even where a court provides notice and opportunity to cure, appellants cannot simply ignore court orders. The decision illustrates the Fourth Court of Appeals’ commitment to enforcing these requirements uniformly.
For practitioners, the case underscores the importance of managing filing obligations and deadlines in appellate practice. Failure to respond to court correspondence regarding fee deficiencies can result in loss of appellate rights, regardless of the merits of the underlying case.