Metropolitan Infrastructure — Appeal dismissed for failure to arrange payment for the clerk’s record

Case
Metropolitan Infrastructure, PLLC v. WBE Erosion Control Supply LLC d/b/a Elite Erosion Supply, LLC
Court
Texas Second Court of Appeals
Judge
Womack; Wallach; Walker
Date Decided
October 15, 2026
Docket No.
02-26-00506-CV
Topics
Appellate Procedure; Want of Prosecution; Clerk’s Record
Source
Read the full opinion

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.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top