Unreported / Non-Citable
Background
Rebecca Davalos appealed from a proceeding in the 37th Judicial District Court of Bexar County, where Judge Tina Torres presided. The clerk’s record was due in the court of appeals on June 26, 2026, but was not filed.
On June 29, the district clerk notified the appellate court that the record had not been filed because Davalos had not paid the preparation fee. The court ordered her to provide written proof by July 20 that she had paid or arranged to pay the fee and warned that failure to comply would result in dismissal for want of prosecution.
The Court’s Holding
The Fourth Court of Appeals dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 37.3(b). Davalos did not respond to the court’s order or provide proof that she had paid or arranged to pay for the clerk’s record.
The memorandum opinion did not address the merits of the underlying dispute between Rebecca and Anna Davalos. Its disposition rested solely on the appellant’s failure to take the required step to secure the appellate record after receiving notice and an opportunity to comply.
Key Takeaways
- An appellant must pay or arrange to pay the fee required to prepare the clerk’s record.
- Failure to respond to an appellate court’s order concerning an unpaid record may result in dismissal for want of prosecution.
- The dismissal was procedural and did not resolve the merits of the underlying case.
Why It Matters
The decision underscores that timely securing the appellate record is essential to keeping an appeal alive. When an appellant fails to address an unpaid clerk’s-record fee after an express warning, the appellate court may dismiss without reaching the substantive issues presented.