Reported / Citable
Background
Denise Annette Mota filed a notice of appeal on June 22, 2026, from a judgment in the 41st District Court of El Paso County, Texas. However, Mota did not pay the appellate filing fees required under Texas Rule of Appellate Procedure 5 at the time she presented the notice of appeal.
On June 24, 2026, the Clerk of the Court of Appeals notified Mota that the fees were due and warned that the appeal could be dismissed if she failed to pay by July 4, 2026 (extended to July 6, 2026, due to the holiday and weekend). The Clerk further advised that failure to comply with the Texas Rules of Appellate Procedure or orders from the Court could result in dismissal. Mota did not pay the fees or respond to the notice.
The Court’s Holding
The Court of Appeals dismissed the appeal for failure to pay the required appellate filing fees within the prescribed deadline. Under Texas Rule of Appellate Procedure 5, appellate fees must be paid when the notice of appeal is presented to the court. The appellant’s failure to comply with this mandatory procedural requirement, even after explicit notice and warning, provided adequate grounds for dismissal.
The court also dismissed as moot any pending motions.
Key Takeaways
- Appellate filing fees are mandatory and must be paid at the time of filing the notice of appeal.
- Courts strictly enforce appellate deadlines and procedural requirements; failure to comply can result in automatic dismissal.
- The Clerk’s notice and deadline extension for holidays and weekends do not relieve the appellant of the obligation to pay.
- Procedural defects that are not timely cured may permanently bar appellate review.
Why It Matters
This decision underscores that appellate practice requires strict adherence to procedural rules and deadlines. Attorneys and pro se litigants must be vigilant about filing fees and formal requirements; substantive merits of a case are irrelevant if procedural prerequisites are not met. Even an appellant who believes they have a meritorious claim will lose the right to appellate review if they fail to timely pay mandatory filing fees.
The case serves as a reminder that in appellate courts, procedural compliance is not discretionary. Litigants should maintain tracking systems for deadlines and respond promptly to notices from the Clerk’s office to avoid unintended dismissal of their appeals.