Unreported / Non-Citable
Background
In March 2021, a trial court signed an Agreed Judgment awarding possession of premises, past due rent, and attorney’s fees to Arturo Rios. Jennifer McGowen, the appellant, filed a notice of appeal in May 2021. The appeal was subsequently abated by the Ninth District of Texas at Beaumont after a suggestion of bankruptcy was received, pursuant to Texas Rule of Appellate Procedure 8.
After a supplemental clerk’s record filed in January 2026 confirmed that the bankruptcy filings had been dismissed, the Court of Appeals reinstated the appeal on its active docket later that month, under Texas Rule of Appellate Procedure 8.2. However, the appellant then failed to take further necessary steps to prosecute the appeal.
The Court’s Holding
The Ninth Court of Appeals dismissed Jennifer McGowen’s appeal for want of prosecution. The court noted that on May 7, 2026, it had notified the appellant that the fee for the appeal had not been remitted and warned that the appeal would be dismissed if the fee was not paid by May 22, 2026. On the same day, the County Clerk informed the Court that payment for the record had not been received, and the appellate court clerk issued another notice indicating that the appellant had not established indigent status for the appeal.
The second notice warned that the appeal would be dismissed for want of prosecution unless satisfactory arrangements to pay the fee were made with the County Clerk, or a motion explaining the need for additional time was filed by June 5, 2026. The court stated that it received no response to any of these notices.
Citing Texas Rule of Appellate Procedure 42.3(c) (failure to comply with a clerk’s notice requiring a response or other action) and 43.2(f) (dismissal for want of prosecution), the Court concluded that the appellant’s non-compliance warranted dismissal of the appeal.
Key Takeaways
- Appellants must timely remit filing fees and other associated costs for appeals to proceed.
- Failure to respond to notices from the appellate court or its clerk regarding procedural deficiencies can lead to dismissal.
- Even after an appeal is reinstated following an abatement, appellants must actively prosecute their case and comply with all procedural rules and deadlines.
Why It Matters
This case underscores the critical importance of adhering to appellate procedural requirements, particularly regarding the payment of fees and responding to court communications. For attorneys, it serves as a stark reminder that administrative compliance is as crucial as the substantive legal arguments in preventing the dismissal of a client’s appeal.
The opinion highlights that courts will enforce rules designed to ensure the orderly and efficient processing of appeals. Diligence in managing deadlines and responding to court directives is essential to avoid severe consequences like the dismissal of an appeal, regardless of its underlying merits.