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Jim Bob v. Ericka Ruby Garza

Docket 01-26-00081-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 1st District (Houston)
Type
Lead Opinion
Case type
Civil
Disposition
Dismissed
Docket
01-26-00081-CV

Appeal from the 334th District Court, Harris County, Texas, dismissed for nonpayment of required appellate fees after failure to establish indigence.

Summary

The First District of Texas dismissed Jim Bob's appeal for failure to pay required appellate fees or to establish indigence. The court previously notified appellant that the appeal would be dismissed unless he either paid the fees or explained in writing why he should not be required to pay them. Because Jim Bob did not respond or pay, the court dismissed the appeal and denied as moot any pending motions. The dismissal rested on the applicable Texas rules and statutes governing payment of appellate fees and the court’s authority to involuntarily dismiss for noncompliance.

Issues Decided

  • Whether the appellant established indigence or paid the required appellate fees.
  • Whether the court could dismiss the appeal for failure to pay fees or to comply with a court order to explain why fees should not be required.

Court's Reasoning

Texas appellate rules require payment of fees in civil appeals unless the appellant establishes indigence under the specified procedures. The court notified appellant of the deficiency and the consequences, but appellant did not respond or pay. Under the cited rules, the court therefore had authority to dismiss the appeal for nonpayment and to render pending motions moot.

Authorities Cited

  • Texas Rule of Appellate Procedure 5
  • Texas Rule of Appellate Procedure 20.1
  • Texas Rule of Appellate Procedure 42.3(c)

Parties

Appellant
Jim Bob Evans
Appellee
Ericka Ruby Garza
Judge
Chief Justice Adams
Judge
Justice Guerra
Judge
Justice Guiney

Key Dates

Opinion issued
2026-04-16

What You Should Do Next

  1. 1

    Confirm status and deadlines

    The appellant or counsel should check the trial court and appellate docket to confirm the finality of the dismissal and any deadlines for motion or reinstatement.

  2. 2

    Consider paying fees or proving indigence (if allowable)

    If procedural rules permit a motion for reinstatement or to set aside the dismissal, the appellant should promptly provide proof of indigence or pay the required fees and file the appropriate motion.

  3. 3

    Consult an attorney

    The appellant should consult an appellate attorney to evaluate whether any procedural remedy (reinstatement, rehearing, or other relief) is available and the likelihood of success.

Frequently Asked Questions

What did the court decide?
The court dismissed the appeal because the appellant did not pay required appellate fees or prove he was indigent.
Who is affected by this decision?
The appellant, Jim Bob Evans, is affected because his appeal is dismissed; the appellee is unaffected by further proceedings in this appeal.
What happens to motions filed in the appeal?
Any pending motions in the appeal were dismissed as moot.
Can this dismissal be challenged?
A dismissal for failure to pay fees is based on procedural rules; the appellant could inquire about available post-judgment options with counsel, such as seeking reinstatement if permitted, but relief is not automatic.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
Opinion issued April 16, 2026




                                      In The

                               Court of Appeals
                                      For The

                          First District of Texas
                             ————————————
                               NO. 01-26-00081-CV
                            ———————————
                               JIM BOB, Appellant
                                         V.
                      ERICKA RUBY GARZA, Appellee


                    On Appeal from the 334th District Court
                             Harris County, Texas
                       Trial Court Case No. 2022-41601


                          MEMORANDUM OPINION

      Appellant Jim Bob Evans has neither established indigence, nor paid all the

required fees. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless

indigent), 20.1 (listing requirements for establishing indigence); see also TEX.

GOV’T CODE ANN. §§ 51.207, 51.941(a), § 51.851(b) (listing fees in court of
appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and

the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc.

Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. A § B(1)

(listing fees in court of appeals). Appellant was notified by the Court that this appeal

would be subject to dismissal—unless he timely informed the Court in writing why

he should not pay the fee or actually pays the fee. Appellant never responded as

requested by the Court. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c)

(allowing involuntary dismissal of case).

      As a result, we dismiss this appeal due to the nonpayment of all required fees.

      We dismiss any pending motions as moot.

                                   PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Guiney.




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