Dale & Klein, LLP v. Darcy L. Moreno
CourtTexas Court of Appeals, 13th District
Date FiledJuly 30, 2026
Docket13-26-00449-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NUMBER 13-26-00449-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
DALE & KLEIN, LLP, Appellant,
v.
DARCY L. MORENO, Appellee.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 9
OF HIDALGO COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Justice Silva
This cause is before the Court on its own motion. On June 2, 2026, appellant Dale
& Klein, LLP filed a notice of appeal attempting to appeal the “judgment or other
appealable orders” in trial court cause number CL-23-1192-I. On June 4, 2026, the Clerk
of the Court instructed the appellant to remit a $205.00 filing fee within ten days from the
date of the notice. Appellant was also notified that it appeared there was no final,
appealable order, and appellant was provided ten days to cure the defect. Appellant was
further notified that if the defect remained uncured after ten days, the appeal would be
dismissed. See TEX. R. APP. P. 42.3.
On June 29, 2026, the Clerk of the Court notified appellant again that it was
delinquent in paying the $205.00 filing fee and that if the filing fee was not paid within ten
days, the appeal would be dismissed. See id. R. 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 § 51.207 (delineating the
required fees and costs in an appellate court).
Appellant has failed to cure the defective notice of appeal, failed to pay the filing
fee, and has otherwise not responded to the notices from the Clerk of the Court requiring
a response or other action within the time specified. Accordingly, the appeal is dismissed
for want of prosecution. See TEX. R. APP. P. 42.3(b), (c).
CLARISSA SILVA
Justice
Delivered and filed on the
30th day of July, 2026.
2