Olga Lee Gonzalez v. Lico Gonzalez

NUMBER 13-25-00535-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

OLGA LEE GONZALEZ, Appellant,

v.

LICO GONZALEZ, Appellee.

ON APPEAL FROM THE 105TH DISTRICT COURT
OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña

On October 24, 2025, appellant filed a notice of appeal attempting to appeal a final

judgment in trial court cause number 2021-FAM-3061-D. On October 27, 2025, the Clerk

of the Court requested that appellant pay the $205.00 filing fee for the notice of 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).

On November 17, 2025, the Clerk of the Court notified appellant that she was

delinquent in submitting the filing fee for the appeal and informed him that the appeal

would be dismissed if the filing fee was not paid within 10 days from the date of the notice.

See TEX. R. APP. P. 42.3(c).

To date, appellant has failed to pay the filing fee for the notice of appeal or

otherwise response to the clerk’s notice. 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 id. R. 42.3(b), (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 and has not filed a corrected notice of appeal. Accordingly, we dismiss this appeal.

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

L. ARON PEÑA JR.
Justice

Delivered and filed on the
8th day of January, 2026.

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