Background
Metropolitan Infrastructure, PLLC appealed from a case in Denton County Court at Law No. 2 involving WBE Erosion Control Supply LLC, doing business as Elite Erosion Supply, LLC.
On September 11, 2026, the Second Court of Appeals notified Metropolitan Infrastructure that the trial-court clerk had reported that the company had not arranged payment for preparation of the clerk’s record as required by the Texas Rules of Appellate Procedure. The court warned that it would dismiss the appeal for want of prosecution unless Metropolitan Infrastructure arranged payment and provided proof within ten days.
The Court’s Holding
The court dismissed the appeal for want of prosecution because Metropolitan Infrastructure did not make payment arrangements for the clerk’s record after receiving notice and an opportunity to cure the deficiency.
The court also ordered Metropolitan Infrastructure to pay all costs of the appeal. The dismissal was procedural and did not resolve the merits of the underlying dispute.
Key Takeaways
- Texas appellants must arrange payment for the clerk’s record when required by the appellate rules.
- An appellate court may dismiss an appeal for want of prosecution when the appellant fails to cure a record-payment deficiency after notice.
- Metropolitan Infrastructure was assessed all appellate costs.
Why It Matters
The decision underscores that preserving an appeal requires timely compliance with record-preparation and payment obligations. Failure to address a clerk’s-record deficiency after an explicit warning can end the appeal without consideration of the underlying claims.