Unreported / Non-Citable
Background
Kem Morgan Sutton appealed from a proceeding in the 352nd District Court of Tarrant County, Texas, involving appellee RE420 Ventures, LLC.
The court of appeals notified Sutton on August 17 and September 11, 2026, that the appeal would be dismissed under Texas Rule of Appellate Procedure 42.3(c) unless Sutton paid the required $205 filing fee. Sutton did not pay the fee.
The Court’s Holding
The Texas Second Court of Appeals dismissed the appeal because Sutton failed to comply with the filing-fee requirement despite receiving notice and an opportunity to cure.
The court relied on Texas Rules of Appellate Procedure 42.3(c) and 43.2(f), as well as the Texas Supreme Court’s August 28, 2015 fee order. The dismissal was procedural; the court did not address the merits of the underlying dispute. It also ordered Sutton to pay all appellate costs.
Key Takeaways
- A Texas appellate court may dismiss an appeal when the appellant fails to pay the required filing fee.
- The court gave the appellant two notices and an opportunity to cure before dismissing the appeal.
- The decision resolved only the procedural status of the appeal and did not reach the underlying merits.
Why It Matters
The decision underscores that failure to satisfy basic appellate requirements can end an appeal without substantive review. Counsel and litigants must respond promptly to fee notices and other opportunities to cure procedural defects.