In the Interest of A.J.C. and C.N.C., Children v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledAugust 6, 2026
Docket13-26-00537-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00537-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF A.J.C. AND C.N.C., CHILDREN
ON APPEAL FROM THE 201ST DISTRICT COURT
OF TRAVIS COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Peña, West, and Fonseca
Memorandum Opinion by Justice Peña
On May 6, 2026, appellant filed a notice of appeal attempting to appeal an order
on a motion for enforcement and income withholding signed on February 5, 2026, in trial
court cause number D-1-FM-16-005734. 1 On May 8, 2026, the Clerk of the Court
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This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket-
requested that appellant pay the $205.00 filing fee. On July 15, 2026, the Clerk of the
Court again requested that appellant pay the $205.00 filing fee 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 § 51.207 (delineating the required fees and costs in an appellate court).
Appellant was further notified that if the filing fee was not paid within 10 days, the appeal
would be dismissed. See TEX. R. APP. P. 42.3(c).
Also on July 31, 2026, the appellant filed a motion for extension of time to file
appellant’s brief, which contained requests to grant the motion for extension of time to file
appellant’s brief, suspend the briefing timeline, and direct the court reporter to file the
reporter’s record.
To date, appellant has failed to pay the filing fee for the notice of appeal or
otherwise respond to the clerk’s notices. 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 nor responded to other notices as required. Accordingly, we dismiss this appeal for
want of prosecution. See TEX. R. APP. P. 42.3(b), (c). As such, appellant’s motions for
more time to file a brief, to suspend the briefing timeline, and to direct the court reporter
equalization order issued by the Supreme Court of Texas. See Tex Gov’t Code §§ 22.220(a), 73.001.
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to file the reporter’s record are denied as moot.
L. ARON PEÑA JR.
Justice
Delivered and filed on the
6th day of August, 2026.
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