Unreported / Non-Citable
Background
Thomas Mann, Jr. appealed from the 146th District Court of Bell County, but the clerk’s record was not filed by its July 13, 2026 deadline because Mann had not paid or arranged to pay the trial-court clerk’s preparation fee.
The court of appeals notified Mann that he needed to arrange for the record and submit a status report by August 6, warning that noncompliance could result in dismissal for want of prosecution. Mann responded that he intended to proceed with an appendix instead, but the court had previously advised him that he failed to elect that procedure within 10 days after filing his notice of appeal, as required by Texas law.
The Court’s Holding
The Third Court of Appeals dismissed the appeal for want of prosecution. Under Texas Rule of Appellate Procedure 37.3(b), an appellate court may dismiss when the trial-court clerk does not file the record because the appellant failed to pay or arrange payment of the preparation fee, unless the appellant is entitled to proceed without paying costs.
Mann neither paid or arranged to pay the fee nor established that he was entitled to proceed without payment under Texas Rule of Civil Procedure 145. His untimely attempt to substitute an appendix did not eliminate the need for the clerk’s record.
Key Takeaways
- An appellant’s failure to pay or arrange payment for preparation of the clerk’s record can result in dismissal for want of prosecution.
- An election to use an appendix in place of the clerk’s record must be made within 10 days after the notice of appeal is filed.
- An appellant seeking to avoid record-preparation costs must establish entitlement to proceed without payment.
Why It Matters
The decision underscores that record-preparation requirements and deadlines can determine whether an appeal proceeds at all. An appellant cannot cure an unpaid clerk’s-record fee by relying on an appendix procedure that was not timely elected.