IN THE

TENTH COURT OF APPEALS

No. 10-20-00205-CV

IN THE INTEREST OF M.T. AND S.T., CHILDREN

From the 278th District Court

Walker County, Texas

Trial Court No. 1728579

MEMORANDUM OPINION

Appellant, Samantha Romel Walker, filed her pro se notice of appeal in the trial 

court, seeking to challenge an agreed final order signed on June 11, 2019. By letter dated 

August 4, 2020, the Clerk of this Court notified appellant that this case is subject to 

dismissal because appellant’s pro se notice of appeal is untimely. Indeed, appellant’s 

notice of appeal was due on July 11, 2019. See TEX. R. APP. P. 26.1 (providing that a notice 

of appeal must be filed within thirty days after the judgment is signed). Appellant did 

not file her notice of appeal until August 3, 2020.

The Clerk further warned that the Court would dismiss the appeal unless, within 

ten days from the date of the letter, appellant filed a response showing grounds for 
In the Interest of M.T. and S.T., children Page 2

continuing the appeal. Appellant responded, but she did not show grounds for 

continuing the appeal. Appellant’s response requested additional time to file the filing 

fee for this appeal and noted that her parental rights were terminated without her being 

present in the court or without an attorney appointed and that she just found out about 

this agreed final order of termination.1 These arguments are not supported by the Clerk’s 

Record and do not sufficiently show grounds for continuing this appeal. In fact, appellant 

has provided no authority or argument that would authorize a notice of appeal filed more 

than a year after it was originally due. See Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 

1997) (stating that a timely notice of appeal is necessary to invoke this Court’s jurisdiction 

and that, after the period for granting a motion for extension of time under Texas Rule of 

Appellate Procedure 26.3 has passed, a party can no longer invoke the appellate court’s 

jurisdiction); see also TEX. R. APP. P. 26.3 (providing that we may extend the time to file 

the notice of appeal “if, within 15 days after the deadline for filing the notice of appeal,” 

the party files a notice of appeal in the trial court and a motion for extension with this 

Court).

Accordingly, we dismiss this appeal for want of jurisdiction.

Absent a specific exemption, the Clerk of the Court must collect filing fees at the 

time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to Tex. R. App. 

1 The complained-of agreed order reflects that appellant was represented at the final trial and that 

appellant’s parental rights were not terminated. Rather, appellant was appointed possessory conservator 

of the children in this case.
In the Interest of M.T. and S.T., children Page 3

P., Order Requiring Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007); see TEX. R. APP. P. 5; 

TEX. GOV’T CODE ANN. §§ 51.207(b), 51.208, 51.941(a). Under these circumstances, we 

suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX.

R. APP. P. 2. The write-off of the fees from the accounts receivable of the Court in no way 

eliminates or reduces the fees owed.

JOHN E. NEILL

Justice

Before Chief Justice Gray

Justice Davis, and

Justice Neill

Appeal dismissed

Opinion delivered and filed September 16, 2020

[CV06]