Angel Ramos Hernandez and Bettzy Itzel Ramos Hernandez v. D&D Plaza, LLC

NUMBER 13-25-00686-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ANGEL RAMOS HERNANDEZ
AND BETTZY ITZEL RAMOS HERNANDEZ, Appellants,

v.

D&D PLAZA, LLC, Appellee.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 5
OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Cron

On December 29, 2025, appellants Angel Ramos Hernandez and Bettzy Itzel

Ramos Hernandez filed a notice of appeal regarding a final judgment signed on

November 12, 2025, in trial court cause number CL-25-3051-E in the County Court at

Law No. 5 of Hidalgo County, Texas. On December 30, 2025, the Clerk of the Court
requested appellants to 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 January 14, 2026, the Clerk notified appellants that they were

delinquent in submitting the filing fee for the appeal and informed them that the appeal

would be dismissed if the filing fee was not paid within ten days from the date of the

notice. See TEX. R. APP. P. 42.3(c). To date, appellants have failed to pay the filing fee

for the notice of appeal or otherwise respond to the Clerk’s notice.

The Court, having examined and fully considered the foregoing events, is of the

opinion that this appeal should be dismissed. Specifically, 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, appellants have not paid

the appellate filing fee. See TEX. R. APP. P. 5; TEX. GOV’T CODE ANN. § 51.207.

Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3(b),

(c).

JENNY CRON
Justice

Delivered and filed on the
26th day of February, 2026.

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