Adrian Ramos v. Peggy Falls Bagnall

NUMBER 13-25-00517-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ADRIAN RAMOS, Appellant,

v.

PEGGY FALLS BAGNALL, Appellee.

ON APPEAL FROM THE 36TH DISTRICT COURT
OF SAN PATRICIO COUNTY, TEXAS

MEMORANDUM OPINION

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

On October 15, 2025, appellant filed a notice of appeal attempting to appeal an

order or judgment in trial court cause number S-22-5076CV-A. On October 17, 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 he 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). On November 24, 2025, appellant was hand delivered a copy

of the notice by the Clerk of the Court. Furthermore, the notice was mailed to appellant

via certified mail, and we have received the return receipt.

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).

Finally, on November 24, 2025, the Clerk of the Court received a motion for

extension to time to file a notice of appeal. However, on the same day, appellant was

instructed, by letter notice, that the motion failed to comply with the Texas Rules of

Appellate Procedures in several ways. However, an appellate court may--to expedite a

decision or for other good cause--suspend a rule's operation in a particular case and order

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a different procedure. See id. 2. Accordingly, the motion shall be marked filed as of the

date received and is hereby denied.

JON WEST
Justice

Delivered and filed on the
12th day of February, 2026.

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