Reported / Citable
Background
Graham’s Last Chance South, LLC and Robert W. Graham filed a notice of appeal on July 2, 2026, seeking review of a judgment from the 112th District Court of Crockett County, Texas.
The appellants did not pay the required appellate filing fees or establish a right to proceed without paying costs. On July 8, the court clerk notified them that the appeal could be dismissed if they did not pay the fees by July 18 and warned that failure to comply with the appellate rules or the clerk’s notice could result in dismissal.
The Court’s Holding
The Eighth Court of Appeals dismissed the appeal because the appellants neither paid the filing fees nor responded to the clerk’s notice.
The court relied on Texas Rules of Appellate Procedure 5 and 42.3(c). Rule 5 requires appellate fees to be paid when the notice of appeal is presented for filing, and Rule 42.3(c) permits dismissal when an appellant fails to comply with an appellate rule, court order, or clerk’s notice requiring a response.
Key Takeaways
- Appellate filing fees are due when a notice of appeal is presented for filing.
- An appellant must either pay the required fees or establish eligibility to proceed without payment of costs.
- Failure to respond to a clerk’s deadline and warning can result in dismissal of the appeal.
Why It Matters
The decision underscores that procedural prerequisites can end an appeal before the court reaches the merits. Attorneys handling Texas appeals should promptly address filing fees or cost-waiver requirements and respond within the time specified in any clerk’s notice.