Unreported / Non-Citable
Background
The Fosters filed a notice of appeal on March 23, 2026 in the trial court (407th Judicial District Court, Bexar County) and on March 24, 2026 in the appellate court. The notice of appeal contained multiple procedural deficiencies: the Fosters did not pay the required filing fee, did not file a docketing statement, and did not certify service on the court reporters responsible for preparing the appellate record, as required by Texas Civil Practice and Remedies Code section 51.017(a).
The appellate court notified the Fosters of these deficiencies by letter on March 24, 2026 and instructed them to take corrective action by April 3, 2026. The Fosters did not respond. Additionally, on May 12, 2026, the trial court clerk filed a Notification of Late Record because the Fosters had not paid the clerk’s fee for preparing the clerk’s record.
The Court’s Holding
On May 15, 2026, the appellate court issued an order requiring the Fosters to: (1) pay the filing fee or provide proof they were excused by statute or the Rules of Appellate Procedure; (2) provide proof the clerk’s record fee had been paid or arrangements made to pay it, or proof they were entitled to appeal without payment; and (3) file a compliant docketing statement and amended notice of appeal under Texas Civil Practice and Remedies Code section 51.071(a). The court warned that failure to comply by May 26, 2026 would result in dismissal.
Although the Fosters paid the filing fee on May 20, 2026 and filed a docketing statement and amended notice of appeal that same day, they failed to fully comply with the May 15 order. The docketing statement was incomplete, and the amended notice of appeal did not correct the original deficiencies. Most significantly, the Fosters never filed written proof that the clerk’s record fee had been paid or that arrangements to pay it had been made, and the clerk’s record was never filed.
The court dismissed the appeal for failure to comply with its May 15, 2026 order, citing Texas Rules of Appellate Procedure section 42.3(c).
Key Takeaways
- Appellants must strictly comply with all procedural requirements for pursuing an appeal, including payment of filing fees and clerk’s record fees.
- Incomplete or partial compliance with court orders to cure procedural defects will not prevent dismissal if mandatory requirements remain unsatisfied.
- Courts afford appellants notice and opportunity to remedy deficiencies, but failure to fully cure within the specified timeframe results in dismissal without consideration of the merits.
Why It Matters
This decision reinforces that appellate courts enforce procedural rules strictly and uniformly. An appeal may be dismissed entirely—regardless of its potential merits—when an appellant fails to comply with mandatory procedural requirements. Practitioners must ensure that all fees are paid, all required documents are filed correctly and completely, and all statutory and rule-based requirements are satisfied before the appellate court’s deadline.
The opinion also demonstrates that partial compliance does not cure procedural defects. Simply paying one fee or filing an incomplete docketing statement, without fully addressing all identified deficiencies, will not satisfy the court’s requirements. Appellants bear the burden of meticulous compliance with appellate procedure to preserve their right to an appeal on the merits.