What did the court decide?

The appellate court dismissed the appeal because the appellant did not pay the required $205 filing fee after her claim of inability to pay was overruled.

Who is affected by this decision?

The appellant (the parent or party who filed the appeal concerning M.P. and A.P.) is directly affected because their appeal is dismissed; other parties in the underlying family case are not affected by this procedural dismissal except that the appeal will not proceed.

The appeal is dismissed and the appellant is ordered to pay all costs of the appeal; the underlying trial-court judgment remains in effect unless further relief is obtained.

Can this be appealed or undone?

The decision to dismiss for failure to pay is typically final, but the appellant may consult an attorney about possible motions for reinstatement or other post-judgment relief if there is a valid reason the fee was not paid timely.

In the Interest of M.P. and A.P., Children v. the State of Texas

Docket 02-26-00013-CV

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

FamilyDismissed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 2nd District (Fort Worth)
Type: Lead Opinion
Case type: Family
Disposition: Dismissed
Docket: 02-26-00013-CV

Appeal from County Court at Law No. 2 in Parker County, Texas, relating to an appeal filed by appellant concerning children M.P. and A.P.

Summary

The court dismissed an appeal from a county court-at-law involving matters concerning M.P. and A.P. because the appellant failed to pay the required $205 filing fee after her claim of indigence was rejected by the trial court. The appellate court gave notice and a deadline to pay, warned dismissal would follow under the appellate rules, and the fee was not paid by the deadline. The court denied as moot the appellant's pending motions and ordered the appellant to pay all costs of the appeal.

Issues Decided

Whether the appeal should be dismissed for failure to pay the required appellate filing fee after an indigence claim was contested and overruled.
Whether the appellant's pending motions (including a motion for extension and reconsideration of indigency) should be denied as moot following dismissal.

Court's Reasoning

The court relied on Texas appellate procedural rules requiring payment of the filing fee and allowing dismissal for failure to comply with those requirements. The trial court sustained the contest to the appellant's claim of inability to pay, and the court of appeals gave notice and a deadline to pay the $205 fee. Because the appellant did not pay by the deadline, dismissal under the cited appellate rules was appropriate.

Authorities Cited

Texas Rules of Appellate ProcedureTex. R. App. P. 42.3(c), 43.2(f), 43.4, 5, 12.1(b)
Texas Rules of Civil ProcedureTex. R. Civ. P. 145(e)
Supreme Court of Texas - Fees OrderMisc. Docket No. 15-9158 (Aug. 28, 2015)

Parties

Appellant: Unidentified appellant (parent/party appealing in interest of M.P. and A.P.)
Judge: Per Curiam (Second Appellate District of Texas, Fort Worth)

Key Dates

Statement of inability filed in court of appeals: 2026-01-06
Order sustaining contest (trial court): 2026-02-25
Appellate court order to pay filing fee by: 2026-04-06
Opinion delivered: 2026-04-23

What You Should Do Next

1
Consult appellate counsel promptly
Talk with an attorney immediately to determine whether a motion for reinstatement, extension, or other relief might be timely and appropriate given the circumstances and local rules.
2
Consider motion for reinstatement or other relief
If eligible, prepare and file a motion explaining why the fee was not paid and providing any supporting evidence, observing strict deadlines in the rules.
3
Comply with cost order
If no relief is granted, arrange to pay the costs of the appeal as ordered to avoid additional enforcement actions.

Frequently Asked Questions

What did the court decide?: The appellate court dismissed the appeal because the appellant did not pay the required $205 filing fee after her claim of inability to pay was overruled.
Who is affected by this decision?: The appellant (the parent or party who filed the appeal concerning M.P. and A.P.) is directly affected because their appeal is dismissed; other parties in the underlying family case are not affected by this procedural dismissal except that the appeal will not proceed.
What happens next?: The appeal is dismissed and the appellant is ordered to pay all costs of the appeal; the underlying trial-court judgment remains in effect unless further relief is obtained.
Can this be appealed or undone?: The decision to dismiss for failure to pay is typically final, but the appellant may consult an attorney about possible motions for reinstatement or other post-judgment relief if there is a valid reason the fee was not paid timely.

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. 02-26-00013-CV
        ___________________________

IN THE INTEREST OF M.P. AND A.P., CHILDREN




    On Appeal from County Court at Law No. 2
              Parker County, Texas
         Trial Court No. CIV-22-0486


     Before Bassel, Womack, and Wallach, JJ.
       Per Curiam Memorandum Opinion
                MEMORANDUM OPINION AND JUDGMENT

       Appellant filed a “Statement of Inability to Afford Payment of Court Costs or

an Appeal Bond” in this court on January 6, 2026. We sent Appellant’s statement to

the trial court clerk for filing in the trial court. The trial court clerk then filed a

contest to require appellant to pay court costs. See Tex. R. Civ. P. 145(e).

       The trial court held a hearing on the contest and, on February 25, 2026, signed

an “Order Sustaining Contest to Statement of Inability to Afford Payment of Court

Costs or an Appeal Bond,” which ordered Appellant to pay all costs of appeal.

       On March 27, 2026, we ordered Appellant to pay the $205.00 filing fee as

required by Texas Rule of Civil Procedure 5. We stated that if the $205.00 filing fee

was not paid by Monday, April 6, 2026, we would DISMISS this appeal for want of

prosecution. See Tex. R. App. P. 42.3(c). Appellant has not paid the filing fee. See

Tex. R. App. P. 5, 12.1(b).

       Because Appellant has not complied with a procedural requirement and the

Texas Supreme Court’s order of August 28, 2015, 1 we dismiss the appeal. 2 See Tex. R.

App. P. 42.3(c), 43.2(f).



       See Supreme Court of Tex., Fees Charged in the Supreme Court, in Civil Cases
       1

in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation,
Misc. Docket No. 15-9158 (Aug. 28, 2015) (listing courts of appeals’ fees).
       Appellant’s pending motions are denied as moot, including her “Motion for
       2

Extension of Time to Pay Filing Fee and Request for Reconsideration of Indigency
Determination.”

                                            2
      Appellant must pay all costs of this appeal. See Tex. R. App. P. 43.4.

                                                     Per Curiam

Delivered: April 23, 2026




                                          3