Unreported / Non-Citable
Background
Platinum Sapphire Hospitality, LLC appealed from a trial court judgment in Bexar County. On February 9, 2026, the court of appeals notified appellant of an outstanding filing fee of $205.00. On April 27, 2026, the court issued a show cause order requiring appellant to either pay the fee by May 7, 2026 or provide written proof of statutory exemption under the Texas Rules of Appellate Procedure, warning that failure to respond would result in dismissal of the appeal.
Appellant did not respond to the order. On May 27, 2026, the court of appeals dismissed the appeal. Subsequently, appellant filed a motion for rehearing accompanied by an affidavit from a paralegal asserting that the failure to pay the fee or respond to the order was not due to conscious indifference. Appellant also paid the outstanding filing fee.
The Court’s Holding
The court granted the motion for rehearing and withdrew its May 27, 2026 order dismissing the appeal. The court reinstated the appeal on its docket, allowing the case to proceed. The opinion does not address the merits of the underlying dispute, focusing solely on the procedural matter of whether the dismissal for failure to pay the filing fee should be reversed.
Key Takeaways
- Procedural dismissals may be overcome through a motion for rehearing when accompanied by evidence that the failure was not due to conscious indifference.
- Payment of outstanding filing fees, combined with a proper motion and supporting affidavit, can result in reinstatement of a dismissed appeal.
- Texas courts consider circumstances surrounding procedural failures and may exercise discretion to reinstate appeals when warranted.
Why It Matters
This decision provides guidance to practitioners on remedying procedural dismissals resulting from failure to pay filing fees. While the court’s opinion is brief, it demonstrates that appellants are not necessarily foreclosed from pursuing appeals if they can demonstrate that procedural failures were not intentional and take corrective action promptly.
The ruling also illustrates the importance of carefully monitoring court orders and deadlines in appellate practice. Paralegal affidavits explaining inadvertence or lack of conscious indifference may provide sufficient basis for courts to reconsider dismissals, particularly when combined with payment of outstanding fees.