In the Interest of J.R.C.-A., a Child v. the State of Texas
CourtTexas Court of Appeals, 8th District (El Paso)
Date FiledJuly 28, 2026
Docket08-26-00256-CV
StatusPublished
๐ฐ News Coverage: Read the LAWS.com news report on this case
Full Opinion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
โโโโโโโโโโโโ
No. 08-26-00256-CV
โโโโโโโโโโโโ
In the interest of J.R.C.-A., a child
On Appeal from the 383rd District Court
El Paso County, Texas
Trial Court No. 2019DCM3090
M E MO RA N D UM O PI NI O N
Appellant, John Richard Corbin, filed a notice of restricted appeal from the trial courtโs
June 23, 2026 judgment, but has neither paid the appellate filing fees nor established a right to
proceed without payment of costs. See Tex. R. App. P. 5, 20.1; see also Tex. Govโt Code ยงยง 51.207,
51.208, 51.851(b), 51.941(a); Order Regarding Fees Charged in the Supreme Court, in Civil Cases
in the Courts of Appeals, Before the Judicial Panel on Multi-District Litigation, and in the Business
Court, Misc. Docket No. 24-9047 (Tex. July 26, 2024).
Under the Texas Rules of Appellate Procedure, the fees for appealing to a court of appeals
are due at the time a notice of appeal is presented for filing. See Tex. R. App. P. 5. On June 29,
2026, the Clerk of this Court notified Corbin that this appeal could be dismissed if he failed to pay
the filing fees by July 9, 2026. The Clerk further notified Corbin that the failure to comply with a
Texas Rule of Appellate Procedure, an order of this Court, or a notice from the Clerk requiring a
response within a specified time could result in dismissal of this appeal.
Because Corbin neither paid the filing fees nor otherwise responded to the Clerkโs notice,
we dismiss this appeal for want of prosecution. 1 See Tex. R. App. P. 5, 42.3(c).
LISA J. SOTO, Justice
July 28, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
1
Additionally, as we noted in our July 9, 2026 order, Corbinโs notice of restricted appeal was late but filed within 15
days of the deadline for filing the notice of restricted appeal. See Tex. R. App. P. 26.1(c). In our order, we explained
that a motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of
appeal beyond the time allowed by Texas Rule of Appellate Procedure 26.1 but within the 15-day grace period
provided by Rule 26.3. See Tex. R. App. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); Wray v.
Papp, 434 S.W.3d 297, 299 (Tex. App.โSan Antonio 2014, no pet.) (concluding that the notice of appeal, which was
filed beyond the deadline for a restricted appeal but within the 15-day extension period, was timely when the appellant
provided a reasonable explanation for the late filing). However, as we explained, an appellant still must provide the
Court with a reasonable explanation for the late-filed notice of appeal. Garcia v. Westex Cmty. Credit Union, No. 08-
26-00112-CV, 2026 WL 1026955, at *1 (Tex. App.โEl Paso April 15, 2026, no pet.) (mem. op.). To date, Corbin
has not filed a reasonable explanation for the late-filed notice of appeal. Accordingly, we also lack jurisdiction because
the notice of appeal was not timely filed. See Tex. R. App. P. 42.3(a), (c).
2