John Eric Pena and Cristina F. Pena v. Edinburg Consolidated Independent School District, Hidalgo County, City of Edinburg, South Texas Independent School District, Hidalgo County Drainage District 01, Hidalgo County Irrigation District 01, and South Texas College

NUMBER 13-22-00344-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JOHN ERIC PENA AND CRISTINA F. PENA, Appellants,
v.
EDINBURG CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT, HIDALGO COUNTY,
CITY OF EDINBURG, SOUTH TEXAS
INDEPENDENT SCHOOL DISTRICT, HIDALGO
COUNTY DRAINAGE DISTRICT #01, HIDALGO
COUNTY IRRIGATION DISTRICT #01, AND
SOUTH TEXAS COLLEGE, Appellees.
On appeal from the 332nd District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Tijerina
Memorandum Opinion by Justice Benavides
On January 22, 2021, appellants John Eric Pena and Cristina F. Pena a/k/a
Cristina Fortenberry Pena filed a notice of appeal regarding a judgment rendered against
them for court costs and abstractor’s fees in a suit for delinquent ad valorem taxes filed
by appellees, Edinburg Consolidated Independent School District, Hidalgo County, City
of Edinburg, South Texas Independent School District, Hidalgo County Drainage District
#01, Hidalgo County Irrigation District #01, and South Texas College. The appellants’
notice of appeal was not filed in this Court until July 25, 2022.
On July 25, 2022, the Clerk of this Court requested appellants to remit the $205.00
filing fee for the appeal within ten days. See TEX. R. APP. P. 5 (“A party who is not excused
by statute or these rules from paying costs must pay—at the time an item is presented
for filing—whatever fees are required by statute or Supreme Court order. The appellate
court may enforce this rule by any order that is just.”); TEX. GOV’T CODE ANN. § 51.207
(delineating the required fees and costs in an appellate court). The Clerk also advised
appellants that the notice of appeal failed to comply with Texas Rule of Appellate
Procedure 9.5(e) and requested correction of this defect. See TEX. R. APP. P. 9.5(e).
Appellants did not pay the filing fee for the appeal or correct the defect in the notice of
appeal.
On August 18, 2022, the Clerk notified appellants that they were delinquent in
paying the filing fee for the appeal. The Clerk advised appellants that the appeal would
be dismissed if the filing fee was not paid within ten days. See id. R. 42.3(c). The Clerk
again advised appellants that the notice of appeal failed to comply with Texas Rule of
Appellate Procedure 9.5(e), requested correction of this defect, and advised appellants
that the appeal would be dismissed if the defect was not cured. See id. R. 9.5(e).
2
Nevertheless, appellants did not pay the filing fee for the appeal or correct the defect in
their notice of appeal.
The Court, having examined and fully considered the notice of appeal and
subsequent events, is of the opinion that this appeal should be dismissed. This Court has
the authority to dismiss an appeal because the appellant has failed to comply with a
requirement of the appellate rules, a court order, or a notice from the clerk requiring a
response or other action within a specified time. See TEX. R. APP. P. 42.3(c); Smith v. DC
Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.—San Antonio 2017, no pet.). Here,
appellant has not paid the appellate filing fee or otherwise responded to the Clerk’s
directives. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b), (c).
GINA M. BENAVIDES
Justice
Delivered and filed on the
15th day of September, 2022.
3