Unreported / Non-Citable
Background
Ruby Jean Lute appealed from a final judgment signed by the 457th District Court of Montgomery County on October 22, 2025. In February 2026, she notified the Ninth Court of Appeals that the parties were finalizing a settlement.
After the parties failed to submit a requested settlement-status report, the appellate clerk resumed the appeal and set a deadline for the appellate record. The trial court clerk later reported that Lute had not made payment arrangements for the clerk’s record. Because Lute had not established indigent status, the appellate court warned her that the appeal would be dismissed unless she showed that she had arranged payment or needed additional time. She did not respond.
The Court’s Holding
The court dismissed the appeal for want of prosecution. It concluded that Lute had not explained her failure to pay or arrange payment of the fee required to prepare the clerk’s record.
The court relied on Texas Rules of Appellate Procedure 37.3(b), 42.3(c), and 43.2(f). Those rules permitted dismissal after Lute failed to take the action necessary to secure the clerk’s record despite receiving notice and an opportunity to respond.
Key Takeaways
- An appellant who has not established indigent status must pay or arrange payment for preparation of the clerk’s record.
- Failure to secure the appellate record can result in dismissal for want of prosecution.
- The court dismissed only after warning Lute of the consequences and receiving no response.
Why It Matters
The opinion underscores that settlement discussions do not eliminate an appellant’s obligation to comply with appellate deadlines and record-payment requirements. When an appellant fails to respond to notices or arrange for the clerk’s record, the appellate court may end the appeal without reaching the merits.