Background
James English appealed from a case in the County Court at Law No. 3 & Probate Court of Brazoria County. The First Court of Appeals had abated the appeal because of a bankruptcy stay, then reinstated it on April 14, 2025.
Upon reinstatement, the court ordered English to provide proof within 30 days that he had paid for the clerk’s record and the appellate filing fee. The order explained that, if he could not afford those costs, he was required to file a statement of inability to afford court costs in the trial court and provide proof of that filing to the appellate court. English did not respond. The clerk’s record was not filed, the filing fee remained unpaid, and the trial court clerk reported on June 20, 2026, that English had not arranged payment for preparation of the record.
The Court’s Holding
The court dismissed the appeal under Texas Rules of Appellate Procedure 42.3 and 43.2(f). The dismissal followed English’s failure to comply with the court’s order concerning the clerk’s record and filing fee.
The court did not address the merits of English’s underlying claims. It also dismissed all pending motions as moot.
Key Takeaways
- An appellant must ensure that required appellate fees are paid and that the clerk’s record is prepared and filed.
- An appellant who cannot afford court costs must follow the prescribed indigence procedure and provide the appellate court with proof of the filing.
- Failure to respond to a court order or arrange payment for the record can result in dismissal without consideration of the merits.
Why It Matters
The opinion illustrates that procedural obligations remain critical after an appeal is reinstated following a bankruptcy stay. A party’s failure to pay required costs, establish inability to pay, or secure the clerk’s record may end the appeal before substantive issues are reviewed.