Background
ORHA, LLC and Laura P. Ortiz filed a notice of appeal on May 4, 2026. The clerk’s record was originally due on June 8, 2026.
On June 8, the court clerk notified the appellants that the deputy district clerk had reported that they had not arranged payment for the clerk’s record. The notice warned that the appeal could be dismissed for want of prosecution unless the appellants made payment arrangements and provided proof to the court within ten days. The appellants did not do so and did not respond as required.
The Court’s Holding
The Texas Thirteenth Court of Appeals dismissed the appeal for want of prosecution on its own motion. No clerk’s record had been filed because the appellants failed to pay for it or make payment arrangements.
The court concluded that dismissal was warranted under Texas Rules of Appellate Procedure 37.3(b), 42.3(b), and 42.3(c) because the appellants neither secured the clerk’s record nor complied with the court clerk’s notice requiring a response or other action within the specified time.
Key Takeaways
- An appellant must timely pay for the clerk’s record or make acceptable payment arrangements.
- Failure to secure the clerk’s record after notice may result in dismissal for want of prosecution.
- Ignoring an appellate clerk’s deadline for a required response or action provides an additional basis for dismissal.
Why It Matters
The decision underscores that perfecting an appeal by filing a notice is not enough to keep it pending. Appellants must also complete the procedural steps necessary to produce the appellate record and must respond promptly to notices from the appellate court.