Unreported / Non-Citable
Background
Julie McClaire appealed a final divorce decree entered by the County Court at Law of Bosque County. In her docketing statement, McClaire said she had neither requested nor paid for the clerk’s record, although she indicated that she had requested and paid for the reporter’s record. She also stated that she was not indigent.
After the trial court clerk reported that McClaire had not requested the clerk’s record or paid or arranged to pay for it, the appellate clerk directed her to make the required payment arrangements and notify the court by September 14, 2026. The letter warned that noncompliance would result in dismissal for want of prosecution without further notice. The trial court clerk subsequently confirmed that payment had not been received, and McClaire provided no documentation showing compliance.
The Court’s Holding
The Tenth Court of Appeals dismissed the appeal for want of prosecution and for failure to comply with the appellate rules and the clerk’s directive. Because McClaire was not indigent, payment or adequate payment arrangements were required before the trial court clerk was obligated to prepare, certify, and file the clerk’s record.
The court relied on Texas Rules of Appellate Procedure 37.3(b) and 42.3(c), which authorize dismissal when an appellant fails to pay or arrange payment for the clerk’s record and fails to comply with a clerk’s notice requiring action within a specified time. Although the reporter also advised the court that McClaire had not paid for the reporter’s record, the court expressly stated that this was not the basis for dismissal.
Key Takeaways
- A non-indigent appellant must pay or make adequate payment arrangements for the clerk’s record before the trial court clerk is required to prepare and file it.
- An appellate court may dismiss an appeal when the appellant fails to cure a record-payment deficiency after receiving notice and a deadline.
- The dismissal rested on McClaire’s failure to secure the clerk’s record and comply with the appellate clerk’s directive, not on the separate failure to pay for the reporter’s record.
Why It Matters
The decision underscores that perfecting an appeal is not enough to keep it moving. A non-indigent appellant must timely secure the appellate record and respond to deficiency notices, or the appeal may be dismissed without consideration of the merits.