Noyes Burton Livingston IV v. Hicks Valley Ranch Property

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: July 1, 2026
• Docket: 04-26-00349-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00349-CV

Noyes Burton LIVINGSTON IV, Appellant

v.

HICKS VALLEY RANCH PROPERTY OWNERS ASSOCIATION, Appellee

From the 38th Judicial District Court, Real County, Texas Trial Court No. 2025-3988-DC Honorable Kelley Kimble, Judge Presiding

PER CURIAM

Sitting: Lori Massey Brissette, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: July 1, 2026

DISMISSED

On April 20, 2026, Appellant Noyes Burton Livingston, IV filed a notice of appeal. When

appellant filed the notice of appeal, he was required to pay a $205.00 filing fee. See TEX. R. APP.

P. 5. However, appellant did not pay the filing fee, and we notified appellant in writing that,

because the filing fee had not been paid, the notice of appeal had been conditionally filed. We

instructed appellant to pay the fee by May 11, 2026 and cautioned if the fee was not paid, the

appeal was subject to being stricken by this court. The fee was not paid. 04-26-00349-CV

On June 1, 2026, we ordered appellant to either: (1) pay the filing fee or (2) provide proof

he is entitled to appeal without paying the $205.00 filing fee. We warned appellant if he failed to

respond within the time ordered, we would dismiss the appeal. See TEX. R. APP. P. 5, 42.3(c).

Appellant has not paid the filing fee or otherwise responded to our order. Accordingly, we

dismiss this appeal. See TEX. R. APP. P. 5, 42.3(c); Zayas v. Denson, No. 04-18-00373-CV, 2018

WL 3551193, at *1 (Tex. App.—San Antonio July 25, 2018, no pet.) (mem. op.) (dismissing

appeal for failure to pay filing fee).

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