Unreported / Non-Citable
Background
Stephanie Michelle Perry, acting without counsel, appealed from a final judgment signed by the 284th District Court of Montgomery County on April 13, 2026. She filed her notice of appeal on May 8, 2026.
Perry did not pay the appellate filing fee or arrange payment for preparation of the clerk’s record, and she had not established indigent status. The appellate clerk warned her that the appeal could be dismissed unless she paid the required fees, made the necessary payment arrangements, or explained why additional time was needed. The court received no response.
The Court’s Holding
The Texas Ninth Court of Appeals dismissed the appeal for want of prosecution. The court concluded that dismissal was warranted because Perry neither paid the appellate filing fee nor explained her failure to pay the fee required for the clerk’s record.
The court relied on Texas Rules of Appellate Procedure 5, 37.3(b), 42.3(c), and 43.2(f). Its decision did not address the merits of the underlying final judgment.
Key Takeaways
- An appellant must pay the appellate filing fee or establish a basis for proceeding without payment.
- Failure to pay or arrange payment for the clerk’s record can result in dismissal for want of prosecution.
- An appellant who does not respond to the appellate court’s warnings risks dismissal without consideration of the merits.
Why It Matters
The opinion illustrates that procedural obligations remain enforceable even when an appellant is self-represented. Paying required fees, establishing indigent status, and arranging for the appellate record are essential steps in keeping an appeal pending.
For practitioners, the decision underscores the importance of responding promptly to deficiency notices and documenting any payment arrangements or requests for additional time.