Unreported / Non-Citable
Background
Melanie Fletcher appealed from County Court at Law No. 1 in Tarrant County, Texas. As part of the appellate process, the trial court clerk was required to file the clerk’s record—a compilation of documents from the trial court proceedings. However, the clerk did not file the record because Fletcher failed to pay the required clerk’s fee.
The court notified Fletcher of this deficiency and warned her that the appeal would be dismissed unless she made payment arrangements and provided proof of payment within ten days, by June 8, 2026. Fletcher responded by claiming she had previously tendered a “silver surety bond certificate” for the required payment. The trial court clerk, however, informed the appellate court that she had only received bills and that Fletcher had not paid “by cash or credit card,” and there was no indication the clerk had agreed to accept the bond certificate as payment.
Fletcher missed the June 8 deadline without curing the payment defect.
The Court’s Holding
The Texas Court of Appeals dismissed Fletcher’s appeal for want of prosecution under Texas Rule of Appellate Procedure 37.3(b), which permits dismissal when an appellant fails to pay the clerk’s fee for the clerk’s record. The court held that Fletcher had failed to satisfy this requirement despite receiving notice and a reasonable opportunity to cure the defect.
The court found that Fletcher’s claim of having tendered a silver surety bond certificate was insufficient because there was no evidence the trial court clerk had accepted it as valid payment. The clerk’s contemporaneous confirmation that she had not received payment in a recognized form (cash or credit card) defeated Fletcher’s assertion that payment had been made.
Key Takeaways
- Appellants must pay the clerk’s fee to have the clerk’s record filed unless entitled to proceed without payment of costs.
- Trial court clerk fees cannot be satisfied by unconventional payment instruments absent prior agreement by the clerk to accept them.
- An appellate court may dismiss an appeal sua sponte for nonpayment of clerk’s fees, but must provide notice and a reasonable opportunity to cure.
- An appellant who misses the deadline to cure a clerk’s fee defect loses the right to appeal.
Why It Matters
This opinion underscores that appellate procedure is not merely about merit—compliance with administrative requirements, including prompt payment of clerk’s fees, is mandatory. Appellants who fail to pay or attempt to use irregular payment methods without prior approval from the clerk risk losing their appeals entirely, regardless of the underlying case merits.
The decision also illustrates the court’s consistent application of rules requiring “reasonable opportunity to cure” while still enforcing deadlines firmly. An appellant cannot avoid dismissal by asserting payment in a form the clerk has not authorized; the clerk’s confirmation that valid payment has not been received is dispositive.