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 
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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). 
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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.