Wes and Tina Dobransky v. JL Breault Family Trust
Docket 02-26-00107-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 02-26-00107-CV
Appeal from the County Court at Law (Cooke County) dismissed for failure to pay the required appellate filing fee
Summary
The Second Court of Appeals, Fort Worth, dismissed Wes and Tina Dobransky's appeal from the County Court at Law, Cooke County, because the appellants repeatedly failed to pay the required filing fee despite two warnings and deadlines. The court gave notice on February 19 and March 11, 2026, allowed at least ten days to cure, and concluded the deadlines passed with no payment. The court therefore dismissed the appeal and ordered the appellants to pay all costs of the appeal.
Issues Decided
- Whether an appeal may be dismissed for failure to pay the required filing fee after the court provided warnings and deadlines
- Whether appellants are required to pay the costs of the appeal following dismissal for nonpayment
Court's Reasoning
The court relied on the appellate rules that allow dismissal when a party fails to pay required fees after notice and opportunity to comply. Because the court issued two warnings with deadlines giving at least ten days to pay and the appellants did not pay, the rules authorize dismissal. The court also applied the rule requiring the dismissed appellant to pay all costs of the appeal.
Authorities Cited
- Texas Rules of Appellate ProcedureTex. R. App. P. 5, 12.1(b), 42.3(c), 43.2(f), 43.4
Parties
- Appellant
- Wes Dobransky
- Appellant
- Tina Dobransky
- Appellee
- JL Breault Family Trust
- Judge
- Per Curiam (Sudderth, C.J.; Kerr and Birdwell, JJ.)
Key Dates
- First warning
- 2026-02-19
- Second warning
- 2026-03-11
- Decision delivered
- 2026-04-16
What You Should Do Next
- 1
Consult an appellate attorney immediately
An attorney can advise whether a motion for reinstatement, motion for extension, or other relief is available and the deadlines and standards that apply.
- 2
Consider filing a motion for reinstatement or other relief
If local rules permit and a valid reason exists for nonpayment, file promptly with supporting evidence to attempt to reinstate the appeal.
- 3
Pay ordered costs
Arrange payment of the appellate costs as ordered by the court to avoid further penalties or enforcement.
Frequently Asked Questions
- What did the court decide?
- The appeals court dismissed the Dobranskys' appeal because they did not pay the required filing fee after being warned and given deadlines.
- Who is affected by this decision?
- The appellants, Wes and Tina Dobransky, are directly affected; the appellee, JL Breault Family Trust, benefits from the dismissal.
- What happens next after dismissal?
- The appellants must pay all costs of the appeal as ordered, and if they wish to continue challenging the underlying judgment they would need to seek any available post-judgment remedies or possibly seek reinstatement if allowed under the rules.
- Can this dismissal be appealed or undone?
- The rules allow limited remedies such as motion for reinstatement or other relief in some circumstances, but the document does not state that such relief was sought; appellants should consult counsel promptly to determine any available procedural options.
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
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00107-CV
___________________________
WES AND TINA DOBRANSKY, Appellants
V.
JL BREAULT FAMILY TRUST, Appellee
On Appeal from the County Court at Law
Cooke County, Texas
Trial Court No. CV2602636
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
On February 19, 2026, and March 11, 2026, we warned Appellants that we
would dismiss their appeal unless they paid the necessary filing fee. See Tex. R. App.
P. 5, 12.1(b), 42.3(c). With each warning, we provided a deadline, giving Appellants at
least ten days to respond by paying the filing fee. See Tex. R. App. P. 44.3. Those
deadlines have passed, and Appellants still have not paid the filing fee.
Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c), 43.2(f).
Appellants must pay all costs of this appeal. See Tex. R. App. P. 43.4.
Per Curiam
Delivered: April 16, 2026
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