Unreported / Non-Citable
Background
Serge Pamphile appealed from a judgment signed on March 19, 2026, in a case from the 151st District Court of Harris County.
Pamphile did not pay for the clerk’s record and did not establish indigence for purposes of appellate costs. The Court of Appeals notified him on July 10, 2026, that the appeal could be dismissed unless he paid the fee or established indigence, but he did not respond.
The Court’s Holding
The Texas First Court of Appeals dismissed the appeal. It relied on Texas appellate rules permitting dismissal when the clerk’s record has not been filed because of the appellant’s fault and when a party fails to comply with an applicable requirement or court notice.
The court also dismissed all pending motions as moot.
Key Takeaways
- An appellant must arrange payment for the clerk’s record or properly establish indigence for appellate costs.
- Failure to secure the clerk’s record may result in dismissal when the failure is attributable to the appellant.
- An appellant’s failure to respond to a court warning about nonpayment can lead to involuntary dismissal of the appeal.
Why It Matters
The decision underscores that compliance with appellate cost and record requirements is essential to keeping an appeal alive. A litigant who cannot pay must timely use the applicable indigence procedure rather than leave the clerk’s-record fee unresolved.