Unreported / Non-Citable
Background
Elizabeth Marshall appealed from a case in the 127th District Court of Harris County involving North East Pine Village Home Owners Association, doing business as Pine Village North Association.
Marshall did not pay the required appellate filing fee or establish indigence for purposes of appellate costs. The court notified her that the appeal could be dismissed unless she timely explained in writing why she should not have to pay the fee or paid it, but she did not respond.
The Court’s Holding
The First Court of Appeals dismissed the appeal for nonpayment of all required fees. It relied on Texas Rules of Appellate Procedure 5 and 42.3(c), which permit enforcement of filing-fee requirements and involuntary dismissal.
Because the appeal was dismissed, the court also dismissed all pending motions as moot.
Key Takeaways
- A civil appellant must pay required appellate filing fees unless the appellant establishes indigence.
- Failure to respond to a court notice warning of dismissal can result in involuntary dismissal of the appeal.
- Dismissal of the appeal rendered all pending motions moot.
Why It Matters
The memorandum opinion underscores that compliance with appellate fee requirements is necessary to keep a civil appeal pending. When an appellant neither pays the required fees nor establishes indigence after receiving notice, the appellate court may dismiss without reaching the merits.