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In re B.M. — Texas appeals court dismissed appeal for failure to pay filing fee

Unreported / Non-Citable

Case
In the Interest of B.M., a Child
Court
Texas Second Court of Appeals
Judge
Kerr; Birdwell; Bassel
Date Decided
October 1, 2026
Docket No.
02-26-00426-CV
Topics
Appellate Procedure; Filing Fees; Dismissal
Source
Read the full opinion

Background

An appellant sought review in the Texas Second Court of Appeals of a case concerning B.M., a child, from the 481st District Court of Denton County.

The court notified the appellant on August 24 and September 4, 2026, that the appeal would be dismissed under Texas Rule of Appellate Procedure 42.3(c) unless the appellant paid the $205 filing fee. The appellant did not pay the fee.

The Court’s Holding

The court dismissed the appeal because the appellant failed to comply with the filing-fee requirement despite receiving notice and an opportunity to correct the deficiency.

The court relied on Texas Rules of Appellate Procedure 42.3(c) and 43.2(f), as well as the Texas Supreme Court’s August 28, 2015 fee order. It also ordered the appellant to pay all costs of the appeal under Rule 43.4.

Key Takeaways

  • A Texas appellate court may dismiss an appeal when an appellant fails to pay the required filing fee.
  • The appellant received two notices warning that nonpayment would result in dismissal.
  • The appellant was assessed all appellate costs.

Why It Matters

The decision underscores that failure to satisfy basic appellate procedural requirements can end an appeal without consideration of its merits. Litigants must promptly address filing-fee notices or establish an applicable basis for relief from payment.

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