In the Interest of W.T.D. and L.B.D., Children v. the State of Texas

CourtListener 10785630Txctapp13Feb 5, 2026

Full text

NUMBER 13-25-00487-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE INTEREST OF W.T.D. AND L.B.D., CHILDREN

ON APPEAL FROM THE 156TH DISTRICT COURT
OF LIVE OAK COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice West

On October 9, 2025, appellant filed a notice of appeal attempting to appeal an

order or judgment in trial court cause number LCV110097. The filing fee was due on

October 20, 2025. On November 25, 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).

To date, appellant has failed to pay the filing fee for the notice of appeal or

otherwise respond 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. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b), (c).

JON WEST
Justice

Delivered and filed on the
5th day of February, 2026.

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