Unreported / Non-Citable
Background
Jeffrey Dickey, proceeding without counsel, filed a notice of appeal from a final divorce decree entered by the 29th District Court of Palo Pinto County, Texas.
After docketing the appeal, the Eleventh Court of Appeals directed Dickey to pay the filing fee and submit a docketing statement. The court sent four subsequent notices, repeatedly extended the compliance deadlines, and warned that noncompliance could result in dismissal. Dickey did not pay the fee or file the statement. He also had not requested or designated the appellate records or paid, or arranged to pay, for them.
The Court’s Holding
The court dismissed the appeal because Dickey failed to pay the required filing fee, comply with the court’s directives, or otherwise prosecute the appeal.
The dismissal was based on Texas Rules of Appellate Procedure 5 and 42.3(b) and (c), which permit dismissal when an appellant fails to comply with procedural requirements or a court order.
Key Takeaways
- An appellant’s failure to pay the required filing fee can support dismissal of an appeal.
- Repeated failure to submit a docketing statement or comply with appellate-court directives may constitute failure to prosecute.
- The court dismissed only after providing multiple notices, deadline extensions, and warnings about the consequences of continued noncompliance.
Why It Matters
The decision illustrates that filing a notice of appeal alone does not preserve an appeal indefinitely. Even self-represented litigants must satisfy filing requirements, respond to court directives, and take the necessary steps to secure the appellate record.