Summary
The Sixth Court of Appeals of Texas at Texarkana dismissed the appeal for want of prosecution because the appellants failed to pay or arrange payment for preparation of the clerk’s record and did not respond to the court’s notice. The memorandum opinion applied Texas Rules of Appellate Procedure 37.3 and 42.3(b).
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for want of prosecution under the Texas Rules of Appellate Procedure when appellants failed to pay or arrange payment for the clerk's record and failed to respond to the appellate clerk's notice.
Holdings
- When appellants responsible for paying for the clerk's record neither pay or arrange payment nor provide a reasonable explanation for additional time after notice, the appellate court may dismiss the appeal for want of prosecution.
Key quotations
“Accordingly, we dismiss this appeal for want of prosecution.” (at 2)
Factual background
The trial court clerk's record was due on April 20, 2026, and appellants were responsible for paying the preparation fee because they were not indigent. The record was not received, appellants did not arrange payment, and they did not respond to the appellate court's notice requiring proof of payment arrangements or a motion explaining the need for additional time.
Procedural history
Appellants filed a notice of appeal on March 25, 2026. The appeal was originally filed in the Ninth Court of Appeals and was transferred to the Sixth Court of Appeals by the Texas Supreme Court for docket equalization. After the clerk's record was not filed by the deadline, appellants were notified that dismissal would result unless they arranged payment for the record or moved for additional time; they did neither.