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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

CivilDismissed
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. 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. 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. 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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