Melanie Fletcher v. Larry Branch

Summary

The Texas Court of Appeals for the Second Appellate District dismissed Melanie Fletcher’s appeal for want of prosecution because she failed to pay or make arrangements to pay the clerk’s record fee. The court denied Fletcher’s pending motions and issued the memorandum opinion per curiam.

Holdings

1. When the trial court clerk fails to file the clerk's record because the appellant has failed to pay or make arrangements to pay the clerk's fee, the appellate court may dismiss the appeal for want of prosecution after giving the appellant a reasonable opportunity to cure.
2. The claimed tender of a silver surety bond certificate did not establish payment or cure the defect because there was no indication that the trial court clerk had agreed to accept the certificate as payment, and the clerk reported that the fee remained unpaid.

Questions Presented

1. Whether the court of appeals could dismiss the appeal for want of prosecution when the appellant failed to pay or make arrangements to pay the clerk's fee and the clerk's record was therefore not filed.
2. Whether Fletcher's asserted tender of a silver surety bond certificate cured the payment requirement.

Disposition

dismissed