What are the filing fees and attorney's fees in Texas courts?
This question has been addressed in 4 Texas court opinions:
Griffin v. Cruz
COA01 — January 29, 2026
In this case, an appellant sought to challenge a protective order issued by a Brazoria County district court. However, the appellant failed to fulfill basic administrative requirements, specifically the payment of appellate filing fees and clerk’s record costs. Despite receiving multiple deficiency notices and warnings from the First Court of Appeals, the appellant neither remitted payment nor filed a statement of indigence. The court analyzed the case under Texas Rules of Appellate Procedure 5, 37.3(b), and 42.3, concluding that the failure to advance the record was the appellant's fault. Consequently, the court dismissed the appeal for want of prosecution, leaving the original protective order undisturbed.
Litigation Takeaway
“Success in the appellate court requires more than just a good argument; it requires strict adherence to administrative deadlines. Failing to pay filing fees or arrange for the record—or failing to prove you cannot afford them—can result in your appeal being dismissed before the court ever considers the merits of your case.”
Messele Kelel v. Dallas Central Appraisal District
COA05 — February 5, 2026
In Messele Kelel v. Dallas Central Appraisal District, a property owner challenged a $74,250 tax valuation, presenting evidence of lower-priced comparable sales and internal settlement offers from the appraisal district as low as $30,000. The trial court granted a 'no-evidence' summary judgment in favor of the appraisal district, effectively dismissing the owner's claims. The Dallas Court of Appeals reversed this decision, ruling that the owner's evidence—specifically the comparable data and the district's own lower offers—constituted 'more than a scintilla' of evidence. The court held that while this evidence did not prove the property's value as a matter of law, it was sufficient to create a genuine issue of material fact that must be resolved at trial.
Litigation Takeaway
“To defeat a 'no-evidence' motion for summary judgment regarding property value, you do not always need a formal expert appraisal; even informal evidence like tax records, comparable sales, or internal settlement offers can meet the 'scintilla' threshold to keep your claim alive for trial.”
Williams v. McLeod
COA02 — February 19, 2026
In Williams v. McLeod, an appellant's challenge to a trial court's ruling was dismissed after they failed to pay the required $205 filing fee or submit a mandatory docketing statement. Despite receiving multiple deficiency notices and an extension of time from the clerk's office, the appellant remained unresponsive. The Second Court of Appeals analyzed the case under Texas Rules of Appellate Procedure 5, 32.1, and 42.3(c), which collectively authorize the involuntary dismissal of an appeal when an appellant fails to comply with administrative requirements or court orders. The court held that because the appellant failed to cure the identified deficiencies after being given ample opportunity, the appeal must be dismissed.
Litigation Takeaway
“Administrative precision is just as vital as legal strategy; missing a filing fee or a docketing statement can result in the immediate dismissal of your appeal before a judge ever reviews the merits of your case.”
Michael Damone Jones v. The State of Texas
COA12 — January 30, 2026
In Jones v. State, the Twelfth Court of Appeals addressed whether a trial court could legally assess attorney's fees as court costs against a defendant who had already been declared indigent. The court analyzed Texas statutes requiring that once indigency is established, it is presumed to continue unless the record shows a 'material change' in the individual's financial circumstances. Finding that the record contained no evidence of financial improvement, the appellate court held the fee assessment was improper and modified the judgment to strike the $300 in attorney's fees.
Litigation Takeaway
“If you have been declared indigent by the court (such as through a Rule 145 Statement), you are protected from being ordered to pay attorney's fees or court costs unless the opposing party can prove a significant improvement in your financial situation.”