Michael Dixson v. Christina Marmolejo

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-26-00047-CV
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Michael Dixson, Appellant
v.
Christina Marmolejo, Appellee

On Appeal from the 345th District Court
Travis County, Texas
Trial Court No. D-1-FM-22-009007

M E MO RA N D UM O PI NI O N
This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution.1 See Tex. R. App. P. 42.3(b).

On January 21, 2026, the Clerk of this Court sent Appellant, Michael Dixson, a letter

requesting payment of the required filing fee. See Tex. R. App. P. 5 (requiring payment of fees in

civil cases unless a party is excused by statute or by appellate rule from paying costs). The letter

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This case was transferred from the Third Court of Appeals pursuant to a docket equalization order issued by the
Supreme Court of Texas. Tex. Gov’t Code Ann. § 73.001. We follow the precedent of the Third Court of Appeals to
the extent it might conflict with our own. Tex. R. App. P. 41.3.
notified Dixson that failure to pay the filing fee by January 31, 2026, could result in dismissal of

this appeal. See Tex. R. App. P. 42.3 (c) (authorizing an appellate court to dismiss an appeal where

an appellant fails to comply with a notice from the clerk requiring a response or other action within

a specified time).

On January 27, 2026, the District Clerk filed a Notification of Late Record stating that

Dixson had failed to pay the clerk’s fee for preparing the record. We again notified Dixson that his

appeal could be dismissed for want of prosecution if he did not provide documentation showing

that the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee. We

cautioned that failure to respond by February 6, 2026, could result in the dismissal of the appeal

for want of prosecution. Tex. R. App. P. 37.3(b); 42.3(b).

As of this date, Dixson has not paid the filing fee or otherwise shown an excuse from

payment, nor has he provided documentation showing that arrangements have been made to pay

the clerk’s fee for preparation of the clerk’s record. Accordingly, we dismiss this appeal. See

Tex. R. App. P. 5, 42.3(b), (c). All pending motions are dismissed as moot.

MARIA SALAS MENDOZA, Chief Justice

February 24, 2026

Before Salas Mendoza, C.J., Palafox, and Soto, JJ.

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