Unreported / Non-Citable
Background
Natoshia Knight appealed from a judgment signed on November 10, 2025, in a case originating in the 234th District Court of Harris County. The clerk’s record was not filed because Knight had not paid the required fee.
On May 1, 2026, the First Court of Appeals notified Knight that the appeal could be dismissed unless she paid the clerk’s-record fee and filing fee or established indigence. Her response was due June 1, 2026, but she did not respond.
The Court’s Holding
The court dismissed the appeal under Texas Rules of Appellate Procedure 42.3 and 43.2(f). It relied on Knight’s failure to pay the fee required for the clerk’s record or establish indigence after receiving notice and an opportunity to respond.
The court also dismissed all pending motions as moot. The memorandum opinion was issued per curiam.
Key Takeaways
- A Texas appellate court may dismiss an appeal when the clerk’s record is not filed because the appellant failed to pay the required fee.
- An appellant facing dismissal may avoid that result by timely paying the required fees or establishing indigence.
- Failure to respond to the appellate court’s notice by the stated deadline can result in involuntary dismissal and render pending motions moot.
Why It Matters
The decision underscores that compliance with appellate fee requirements and court notices is essential to preserving an appeal. Even without consideration of the merits, an appeal may be terminated when the appellant does not pay required fees, establish indigence, or respond to a dismissal warning.