Noyes Burton Livingston IV v. Hicks Valley Ranch Property
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJuly 1, 2026
Docket04-26-00349-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00349-CV
Noyes Burton LIVINGSTON IV,
Appellant
v.
HICKS VALLEY RANCH PROPERTY OWNERS ASSOCIATION,
Appellee
From the 38th Judicial District Court, Real County, Texas
Trial Court No. 2025-3988-DC
Honorable Kelley Kimble, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: July 1, 2026
DISMISSED
On April 20, 2026, Appellant Noyes Burton Livingston, IV filed a notice of appeal. When
appellant filed the notice of appeal, he was required to pay a $205.00 filing fee. See TEX. R. APP.
P. 5. However, appellant did not pay the filing fee, and we notified appellant in writing that,
because the filing fee had not been paid, the notice of appeal had been conditionally filed. We
instructed appellant to pay the fee by May 11, 2026 and cautioned if the fee was not paid, the
appeal was subject to being stricken by this court. The fee was not paid.
04-26-00349-CV
On June 1, 2026, we ordered appellant to either: (1) pay the filing fee or (2) provide proof
he is entitled to appeal without paying the $205.00 filing fee. We warned appellant if he failed to
respond within the time ordered, we would dismiss the appeal. See TEX. R. APP. P. 5, 42.3(c).
Appellant has not paid the filing fee or otherwise responded to our order. Accordingly, we
dismiss this appeal. See TEX. R. APP. P. 5, 42.3(c); Zayas v. Denson, No. 04-18-00373-CV, 2018
WL 3551193, at *1 (Tex. App.โSan Antonio July 25, 2018, no pet.) (mem. op.) (dismissing
appeal for failure to pay filing fee).
PER CURIAM
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