Unreported / Non-Citable
Background
The clerk’s and reporter’s records were originally due May 29, 2026. Court reporter Amber-Rae Nino notified the Fourth Court of Appeals that the reporter’s record had not been filed because appellant Eric Jon Terry had not paid her preparation fee.
After court reporters Nino and Angela Young moved to require Terry to prove his inability to afford costs, the trial court held a hearing and found that he could afford the costs of court, the appeal, and preparation of the reporter’s record. The appellate court then ordered Terry to provide written proof by July 2, 2026, that he had paid or arranged to pay the district clerk and both court reporters.
The Court’s Holding
The court dismissed the appeal for want of prosecution. Terry did not respond to the order requiring proof that he had paid or arranged payment for preparation of the appellate record.
The court had expressly warned that failure to provide proof concerning payment for the clerk’s record would result in dismissal under Texas Rule of Appellate Procedure 37.3(b). Because Terry did not comply, the court dismissed without reaching the merits of the underlying dispute.
Key Takeaways
- An appellant who can afford appellate costs must pay or arrange payment for preparation of the appellate record.
- Failure to respond to an appellate court’s payment-related order may result in dismissal for want of prosecution.
- The court resolved only the procedural failure to prosecute the appeal and did not address its merits.
Why It Matters
The decision underscores that timely securing the clerk’s and reporter’s records is essential to maintaining a Texas appeal. When a trial court finds that an appellant can afford the relevant costs, ignoring an appellate order to document payment arrangements can end the appeal before substantive review.