What does this decision mean?

The appellate court dismissed the appeal because the appellant did not pay the required filing fee and did not ask to proceed without payment by the deadline.

Who is affected by this dismissal?

The appellant, Zenayda Guadalupe Portillo-Rodriguez, is affected; the appeal was dismissed and no appellate review will proceed unless she takes further authorized action.

What happens next after dismissal?

The dismissal ends the current appeal; the appellant may seek any available post-dismissal remedies permitted by rule, such as moving to reinstate if allowed, but must act promptly and follow the appellate rules.

Could the appellant have prevented dismissal?

Yes. She could have paid the filing fee by the Clerk’s deadline or filed a request to proceed without payment under the applicable appellate rule.

Zenayda Guadalupe Portillo-Rodriguez v. Potter County, Texas

Docket 07-26-00165-CV

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

CivilDismissed

Filed: Apr 29, 2026 · 2 days ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 7th District (Amarillo)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 07-26-00165-CV

Appeal from a trial court judgment in Potter County, Texas, filed without paying the required appellate filing fee

Summary

The Seventh District Court of Appeals dismissed Zenayda Guadalupe Portillo-Rodriguez’s appeal from a Potter County district court judgment because she failed to pay the required appellate filing fee and did not seek to proceed without payment. The Clerk notified her of the overdue fee and gave a deadline of April 13, 2026, but she took no action. Relying on the court’s appellate rules and the Clerk’s notice requirement, the court concluded dismissal was appropriate for noncompliance and entered a per curiam dismissal on April 29, 2026.

Issues Decided

Whether failure to pay the appellate filing fee or to seek leave to proceed without payment warrants dismissal of the appeal.
Whether noncompliance with a Clerk's notice and appellate rules permits dismissal under Texas Rules of Appellate Procedure.

Court's Reasoning

The court relied on the appellate rules requiring payment of filing fees or a timely request to proceed without payment, plus the Clerk’s specific notice and deadline. Because the appellant neither paid the fee nor filed a motion to proceed without payment by the deadline, she failed to comply with a mandatory procedural requirement. That noncompliance justified dismissal under the cited rules.

Authorities Cited

Texas Rules of Appellate Procedure Rule 20.1
Texas Rules of Appellate Procedure Rule 25.1(b)
Texas Rules of Appellate Procedure Rule 42.3(c)

Parties

Appellant: Zenayda Guadalupe Portillo-Rodriguez
Appellee: Potter County, Texas
Judge: Timothy G. Pirtle

Key Dates

Clerk's notice letter: 2026-04-01
deadline to pay fee or seek leave: 2026-04-13
Opinion date / dismissal: 2026-04-29

What You Should Do Next

1
Consult appellate counsel immediately
Talk to an attorney right away to determine whether any motion to reinstate, motion for extension, or other relief is available and timely under the appellate rules.
2
Check rules and deadlines
Review the Texas Rules of Appellate Procedure for deadlines and procedures governing motions to reinstate or reopen dismissed appeals to assess eligibility and timing.
3
Prepare documentation
Gather proof of inability to pay or any correspondence with the Clerk if planning to seek reinstatement or relief based on excusable neglect.

Frequently Asked Questions

What does this decision mean?: The appellate court dismissed the appeal because the appellant did not pay the required filing fee and did not ask to proceed without payment by the deadline.
Who is affected by this dismissal?: The appellant, Zenayda Guadalupe Portillo-Rodriguez, is affected; the appeal was dismissed and no appellate review will proceed unless she takes further authorized action.
What happens next after dismissal?: The dismissal ends the current appeal; the appellant may seek any available post-dismissal remedies permitted by rule, such as moving to reinstate if allowed, but must act promptly and follow the appellate rules.
Could the appellant have prevented dismissal?: Yes. She could have paid the filing fee by the Clerk’s deadline or filed a request to proceed without payment under the applicable appellate rule.

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
Seventh District of Texas at Amarillo

No. 07-26-00165-CV

ZENAYDA GUADALUPE PORTILLO-RODRIGUEZ, APPELLANT

POTTER COUNTY, TEXAS, APPELLEE

On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 112,812-E-CV, Honorable Timothy G. Pirtle, Presiding

April 29, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Zenayda Guadalupe Portillo-Rodriguez, filed a notice of appeal from the

trial court’s judgment without paying the requisite filing fee. By letter of April 1, 2026, the

Clerk of this Court notified Appellant that the filing fee was overdue and that unless she

was excused from paying court costs under Rule of Appellate Procedure 20.1, failure to

pay the filing fee by April 13, 2026, would result in dismissal of the appeal. To date,

Appellant has neither paid the filing fee nor sought leave to proceed without payment of

court costs.
Because Appellant has failed to comply with a requirement of the appellate rules

and a notice from the Clerk requiring action within a specified time, we dismiss the appeal.

See TEX. R. APP. P. 25.1(b), 42.3(c).

Per Curiam