In the Estate of David Burnett v. the State of Texas
CourtTexas Court of Appeals, 8th District (El Paso)
Date FiledJuly 21, 2026
Docket08-26-00243-CV
StatusPublished
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Full Opinion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-26-00243-CV
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In the Estate of David Burnett, Deceased
On Appeal from the Probate Court No 2
El Paso County, Texas
Trial Court No. 2020CPR01108
M E MO RA N D UM O PI NI O N
Appellant filed a notice of appeal on May 26, 2026, but 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. Govβt Code Β§Β§ 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 to the appellate court for filing. See Tex. R. App.
P. 5. On July 8, 2026, the Clerk of this Court notified Appellant that the fee was due and that this
appeal could be dismissed if they failed to pay the filing fees by July 18, 2026. The Clerk further
notified Appellant 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. Appellant neither paid the filing fees nor otherwise responded to the
Clerkβs notice. 1
We dismiss this appeal. See Tex. R. App. P. 5, 42.3(c).
MARIA SALAS MENDOZA, Chief Justice
July 21, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
1
In addition, Appellant has not filed the required docketing statement. Tex. R. App. P. 32.1.
2