Unreported / Non-Citable
Background
Lisa Lynnette Gordon appealed from a final divorce decree signed by the 414th District Court of McLennan County on July 24, 2026.
According to the appellate opinion, the court clerk notified Gordon by letter dated July 22, 2026, that a $205 filing fee and docketing statement were due by August 3. After neither was submitted, the clerk sent two letters dated August 6 warning that the appeal would be dismissed unless Gordon paid the fee and filed the docketing statement by August 27.
The Court’s Holding
The Texas Tenth Court of Appeals dismissed the appeal because Gordon did not pay the filing fee or submit the required docketing statement by the deadlines imposed by the clerk.
The court held that dismissal was warranted for want of prosecution and failure to follow the clerk’s directives under Texas Rules of Appellate Procedure 42.3(b) and 42.3(c). It therefore did not reach the merits of the divorce decree.
Key Takeaways
- An appellant’s failure to pay the required filing fee can result in dismissal for want of prosecution.
- Failure to file a required docketing statement after notice may independently support dismissal for noncompliance with a clerk’s directive.
- The court dismissed the appeal without addressing any substantive issue concerning the divorce decree.
Why It Matters
The decision underscores that preserving appellate review requires timely compliance with procedural requirements as well as filing a notice of appeal. When an appellant disregards cure notices and express dismissal warnings, a Texas appellate court may terminate the appeal under Rule 42.3 without considering its merits.