Joseph Michael Pelayo v. Kings Ridge Homeowners Association, Inc.
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJuly 2, 2026
Docket02-26-00125-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00125-CV
___________________________
JOSEPH MICHAEL PELAYO, Appellant
V.
KINGS RIDGE HOMEOWNERS ASSOCIATION, INC., Appellee
On Appeal from the 431st District Court
Denton County, Texas
Trial Court No. 25-4639-431
Before Womack, Wallach, and Walker, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
On May 4, 2026, and June 2, 2026, we notified Appellant, in accordance with
Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless
Appellant paid the $205 filing fee.1 See Tex. R. App. P. 42.3(c), 44.3. Appellant has
not done so.2 See Tex. R. App. P. 5, 12.1(b).
Because Appellant has not complied with a procedural requirement and the
Texas Supreme Court’s order of August 28, 2015,3 we dismiss the appeal.4 See Tex. R.
App. P. 42.3(c), 43.2(f).
Appellant must pay all costs of this appeal. See Tex. R. App. P. 43.4.
In our May 4, 2026 letter, we stated that the fee was to be paid by May 11,
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2026. In our June 2, 2026 letter, we stated that the fee was to be paid by June 12,
2026.
We also directed Appellant to file a docketing statement. See Tex. R. App. P.
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32.1. In our May 4, 2026 letter, we stated that the docketing statement was to be filed
by May 14, 2026. In our June 2, 2026 letter, we stated that the docketing statement
was to be filed by June 12, 2026. Appellant has not filed a docketing statement.
See Supreme Court of Tex., Fees Charged in the Supreme Court, in Civil Cases
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in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation,
Misc. Docket No. 15-9158 (Aug. 28, 2015) (listing courts of appeals’ fees).
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On May 15, 2026, we notified Appellant that the trial court clerk responsible
for preparing the record in this appeal had informed us that Appellant had not
arranged to pay for the clerk’s record as the appellate rules require. See Tex. R. App.
P. 35.3(a)(2). In our notice, we warned that we would dismiss the appeal for want of
prosecution unless, by May 26, 2026, Appellant arranged to pay for the clerk’s record
and provided us with proof of payment. See Tex. R. App. P. 35.3(c), 37.3(b), 44.3.
Appellant has not done so. Because Appellant has not made payment arrangements
for the clerk’s record, dismissal of this appeal is also warranted due to want of
prosecution. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f).
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Per Curiam
Delivered: July 2, 2026
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