Unreported / Non-Citable
Background
D&Y Investments, LLC appealed a final judgment signed by the 457th District Court of Montgomery County on March 3, 2026. The appellate clerk notified the parties that the record was due July 1, 2026.
On the due date, the trial-court clerk reported that D&Y had not made payment arrangements for the clerk’s record. The court of appeals notified D&Y that it had neither established indigent status nor paid or arranged to pay the preparation fee, and warned that the appeal would be dismissed for want of prosecution unless D&Y made the required arrangements or explained why it needed more time. D&Y did not respond.
The Court’s Holding
The Ninth Court of Appeals dismissed the appeal for want of prosecution. The court concluded that D&Y had not explained its failure to pay the fee required for preparation of the clerk’s record.
The court relied on Texas Rules of Appellate Procedure 37.3(b), 42.3(c), and 43.2(f), which permit dismissal when an appellant fails to arrange for filing of the clerk’s record and does not comply with the appellate court’s notice.
Key Takeaways
- An appellant must timely pay or arrange to pay for preparation of the clerk’s record unless indigent status has been established.
- Failure to respond to an appellate court’s warning about a missing clerk’s record can result in dismissal for want of prosecution.
- The court dismissed the appeal without addressing the merits of the underlying judgment.
Why It Matters
The decision underscores that perfecting an appeal is not enough to preserve appellate review. An appellant must also ensure that the record is prepared and filed, or promptly respond when the appellate court identifies a payment or filing problem.