CourtListener 10772860•Olga Lee Gonzalez v. Lico Gonzalez
Full text
NUMBER 13-25-00535-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
OLGA LEE GONZALEZ, Appellant,
v.
LICO GONZALEZ, Appellee.
ON APPEAL FROM THE 105TH DISTRICT COURT
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña
On October 24, 2025, appellant filed a notice of appeal attempting to appeal a final
judgment in trial court cause number 2021-FAM-3061-D. On October 27, 2025, the Clerk
of the Court requested that appellant pay the $205.00 filing fee for the notice of appeal
within ten days. See TEX. R. APP. P. 5 (“A party who is not excused by statute or these
rules from paying costs must pay—at the time an item is presented for filing—whatever
fees are required by statute or Supreme Court order. The appellate court may enforce
this rule by any order that is just.”); TEX. GOV’T CODE ANN. § 51.207 (delineating the
required fees and costs in an appellate court).
On November 17, 2025, the Clerk of the Court notified appellant that she was
delinquent in submitting the filing fee for the appeal and informed him that the appeal
would be dismissed if the filing fee was not paid within 10 days from the date of the notice.
See TEX. R. APP. P. 42.3(c).
To date, appellant has failed to pay the filing fee for the notice of appeal or
otherwise response to the clerk’s notice. This Court has the authority to dismiss an appeal
because the appellant has failed to comply with a requirement of the appellate rules, a
court order, or a notice from the clerk requiring a response or other action within a
specified time. See id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76
(Tex. App.—San Antonio 2017, no pet.). Here, appellant has not paid the appellate filing
fee and has not filed a corrected notice of appeal. Accordingly, we dismiss this appeal.
See TEX. R. APP. P. 42.3(b), (c).
L. ARON PEÑA JR.
Justice
Delivered and filed on the
8th day of January, 2026.
2
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.