Background
EcoStream, LLC and Tyler Radbourne appealed from a proceeding in the 431st District Court of Denton County involving Knight Family Ventures, LLC. The trial-court clerk informed the court of appeals that the appellants had not arranged payment for preparation of the clerk’s record as required by Texas Rule of Appellate Procedure 35.3(a)(2).
On September 22, 2026, the court of appeals notified the appellants of the deficiency and warned that it would dismiss the appeal for want of prosecution unless they arranged payment and provided proof within ten days. The appellants did not make the required payment arrangements.
The Court’s Holding
The Texas Second Court of Appeals dismissed the appeal for want of prosecution. It relied on Texas Rules of Appellate Procedure 37.3(b), 42.3(b), and 43.2(f), which permit dismissal when an appellant fails to pay or arrange payment for the clerk’s record and consequently fails to prosecute the appeal.
The court did not address the merits of the parties’ underlying dispute. It also ordered the appellants to pay all costs of the appeal under Texas Rule of Appellate Procedure 43.4.
Key Takeaways
- An appellant must arrange payment for preparation of the trial-court clerk’s record.
- Failure to cure that deficiency after notice may result in dismissal for want of prosecution.
- The dismissal resolved the appeal procedurally without reaching the merits, and the appellants were assessed all appellate costs.
Why It Matters
The opinion underscores that assembling and paying for the appellate record is a threshold obligation. Even when an appeal has been timely initiated, failure to satisfy that obligation after receiving notice can end the appeal before any substantive issue is reviewed.