Background
Andrea Rodriguez-Suarez appealed from a judgment issued by the County Court at Law No. 3 in Williamson County, Texas, on January 14, 2026. When the clerk’s record—the official compilation of trial court documents necessary for appellate review—was due on May 14, 2026, it had not been filed. The trial court clerk’s office informed the appellate court that the appellant had failed to make payment or arrange to pay the clerk’s fee required to prepare and file the record.
On May 29, 2026, the Fifteenth Court of Appeals notified Rodriguez-Suarez of the missing clerk’s record and gave her until June 8, 2026 to file written documentation showing either that she had paid the clerk’s fee, made payment arrangements, or was entitled to proceed without payment of costs. The appellant did not respond to this notice and did not file the required documentation or clerk’s record within the specified timeframe.
The Court’s Holding
The court dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). Under Texas Rule of Appellate Procedure 37.3(b), when a trial court clerk fails to file the clerk’s record due to an appellant’s failure to pay or arrange payment of the clerk’s fee, the appellate court may dismiss the appeal unless the appellant can demonstrate entitlement to proceed without payment of costs.
The court found that Rodriguez-Suarez had not established entitlement to proceed without payment of trial court costs under Texas Rule of Civil Procedure 145. Her failure to respond to the court’s notice, combined with her failure to pay or make payment arrangements for the clerk’s fee, warranted dismissal of the appeal.
Key Takeaways
- Appellants must ensure payment arrangements are made promptly for clerk’s record fees or face dismissal of their appeal.
- Appellate courts will provide notice and opportunity to cure procedural defects, but appellants must act within the specified timeframe.
- Failure to respond to court orders regarding record preparation can result in dismissal for want of prosecution, regardless of the merits of the underlying case.
- In-forma-pauperis status or other cost waiver requires proper documentation and must be established under applicable civil procedure rules.
Why It Matters
This memorandum opinion underscores a critical procedural requirement in appellate practice: appellants must timely pay or arrange payment for the clerk’s record. Many meritorious appeals have been lost not on the strength of legal arguments, but on procedural failures. The court’s notice requirement provides an opportunity to cure, but only if the appellant pays attention and responds promptly.
For attorneys representing appellants, this decision reinforces the necessity of accounting for clerk’s record fees as a cost of doing business on appeal and maintaining systems to track court deadlines and notice requirements. Failure to manage this basic procedural requirement can result in complete loss of the right to appellate review, making it one of the highest-stakes administrative tasks in appellate practice.