Reported / Citable
Background
Jane Doe I appealed a judgment from the 141st District Court in Tarrant County. Under Texas Rule of Appellate Procedure 35.3(a)(2), appellants must pay for or arrange payment of the clerk’s record, which documents the trial court proceedings. The clerk’s record was due May 26, 2026.
When the record deadline passed, the District Clerk notified the Court of Appeals that Doe had neither paid for nor arranged to pay for the clerk’s record’s preparation. On May 27, 2026, this Court’s clerk gave Doe explicit notice: she had until June 6, 2026 to provide documentation that payment arrangements had been made, or the appeal would be dismissed for want of prosecution.
The Court’s Holding
The Court of Appeals dismissed Doe’s appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). Doe failed to respond to the Court’s May 27 notice and did not make the required payment arrangements by the June 6 deadline.
This dismissal reflects the mandatory nature of the clerk’s record requirement: appellants must demonstrate compliance with record-preparation costs or face automatic dismissal. The appeal proceeds no further.
Key Takeaways
- Appellants must pay for or arrange payment of the clerk’s record within the prescribed timeframe or risk dismissal.
- Courts will provide notice of non-compliance and a cure period, but failure to respond results in dismissal for want of prosecution.
- Financial compliance with appellate rules is not discretionary—it is a jurisdictional prerequisite to appellate review.
Why It Matters
This decision underscores the strict procedural requirements imposed on appellants in Texas. Appellate courts are not courts of last resort for those unwilling or unable to comply with procedural prerequisites. Failure to pay for the clerk’s record—a basic financial obligation—results in complete loss of appellate review, regardless of the merits of the underlying dispute.
For practitioners, the takeaway is clear: ensure that clients understand and meet all financial obligations tied to appellate filings, and maintain communication with the clerk’s office. A missed payment deadline can terminate an entire appeal before the merits are ever addressed.