Unreported / Non-Citable
Background
Guy Kwok Hung Lam appealed from the 222nd District Court of Deaf Smith County’s order denying his special appearance. The clerk’s record was due May 18, 2026, but was not filed because Lam failed to arrange payment for it.
On July 10, 2026, the court of appeals directed Lam to pay for the clerk’s record by July 20 and warned that failure to do so could result in dismissal for want of prosecution. Lam did not arrange payment, respond concerning the omission, or elect to file an appendix instead of a clerk’s record under Texas Rule of Appellate Procedure 34.5a.
The Court’s Holding
The Texas Seventh Court of Appeals dismissed Lam’s appeal for want of prosecution under Texas Rules of Appellate Procedure 37.3(b) and 42.3(b). The court relied on Lam’s failure to make payment arrangements for the clerk’s record after receiving notice and an opportunity to cure.
The court did not address the merits of the trial court’s denial of Lam’s special appearance. Its per curiam memorandum opinion disposed of the appeal solely on procedural grounds.
Key Takeaways
- An appellant’s failure to pay or arrange payment for the clerk’s record can result in dismissal for want of prosecution.
- The court provided notice and a deadline to cure before dismissing the appeal.
- Lam neither addressed the missing record nor elected to proceed with an appendix under Rule 34.5a.
Why It Matters
The decision underscores that preserving an appellate challenge requires timely completion of record-related obligations. Even an appeal concerning personal jurisdiction may be dismissed without merits review when the appellant fails to secure the clerk’s record or use an available procedural alternative.