Unreported / Non-Citable
Background
Melanie Burnett and James Burnett appealed from a proceeding in the 122nd District Court of Galveston County involving Wells Fargo Mortgage. The appellate court’s memorandum opinion did not describe the underlying dispute or the trial court’s ruling.
The Burnetts neither paid the required appellate fees nor established indigence for purposes of appellate costs. After the court notified them that the appeal was subject to dismissal, they 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 5 and 42.3(b) and (c).
The court also dismissed all pending motions as moot. The per curiam memorandum opinion did not reach the merits of the underlying dispute.
Key Takeaways
- Texas appellants must pay required appellate fees or establish indigence for appellate costs.
- An appellate court may dismiss an appeal when appellants fail to satisfy fee requirements and do not adequately respond to a dismissal notice.
- Because the appeal was dismissed on procedural grounds, the court did not decide the merits of the Burnetts’ claims.
Why It Matters
The decision underscores that compliance with appellate fee requirements is necessary to keep an appeal pending. Failure to cure a fee deficiency after notice can end the appeal before any substantive issues are considered.