Unreported / Non-Citable
Background
Thomas Mann, Jr. appealed from the 146th District Court of Bell County in his case against A Plus Federal Credit Union. The clerk’s record was due on July 13, 2026, but was not filed because Mann had failed to pay or arrange payment of 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 of a clerk’s record, but the court had previously informed him that he did not elect that procedure within the applicable ten-day deadline.
The Court’s Holding
The court dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 37.3(b). That rule permits dismissal when the clerk’s record is not filed because the appellant failed to pay or arrange payment of the clerk’s fee, unless the appellant is entitled to proceed without paying costs.
Mann had neither paid or arranged payment for preparation of the clerk’s record nor established an entitlement to proceed without payment of costs under Texas Rule of Civil Procedure 145. His untimely attempt to use an appendix did not eliminate the missing-record problem.
Key Takeaways
- An appellant must timely pay or arrange payment for preparation of the clerk’s record unless authorized to proceed without costs.
- An election to use an appendix in place of the clerk’s record must be filed within ten days after the notice of appeal.
- Failure to secure the appellate record after notice may result in dismissal for want of prosecution.
Why It Matters
The decision underscores that record-preparation requirements and deadlines can determine whether an appeal is heard at all. An appellant cannot avoid dismissal by making an untimely election to use an appendix or by asserting an inability to pay without establishing the required entitlement to proceed without costs.