Unreported / Non-Citable
Background
Stephen Goodman filed a notice of appeal on April 17, 2026, seeking to appeal an order or judgment in Travis County trial court cause number C-1-CV-25-005509. The case reached the Thirteenth Court of Appeals through a docket-equalization transfer from the Third Court of Appeals.
The appellate clerk requested payment of the $205 filing fee on April 21 and again on June 29, warning Goodman that failure to pay within ten days could result in dismissal. On July 10, the clerk also notified Goodman that his appellate brief was overdue and warned that the appeal could be dismissed for want of prosecution if he did not reasonably explain the delay. Goodman neither paid the fee nor filed a brief or responded to the notices.
The Court’s Holding
The court dismissed the appeal for want of prosecution. It explained that Texas Rule of Appellate Procedure 42.3 permits dismissal when an appellant fails to comply with the appellate rules, a court order, or a clerk’s notice requiring action within a specified time.
Because Goodman failed to pay the required filing fee, submit his appellate brief, or respond to the clerk’s notices, the court concluded that dismissal was warranted under Rules 42.3(b) and 42.3(c). The court did not address the merits of the underlying dispute.
Key Takeaways
- An appellant who is not excused from costs must pay the required appellate filing fee.
- Failure to file a brief or respond to clerk notices can support dismissal for want of prosecution.
- The dismissal was procedural and did not resolve the merits of Goodman’s claims.
Why It Matters
The opinion underscores that initiating an appeal is not enough to keep it pending. Appellants must timely satisfy filing-fee and briefing requirements and respond to court notices, or risk dismissal without substantive review of the challenged ruling.