Background
Shaun Nicholas St. John, proceeding without counsel, filed an accelerated appeal from a Montgomery County district court order denying his motion for a temporary injunction.
After the trial court clerk reported that St. John had not arranged payment for the clerk’s record, the Court of Appeals notified the parties that he had not established indigent status and warned that the appeal would be dismissed for want of prosecution unless he showed that he had made the required payment arrangements or needed additional time. The court received no response.
The Court’s Holding
The Texas Ninth Court of Appeals dismissed the accelerated appeal for want of prosecution. The court concluded that St. John neither explained his failure to pay the clerk’s-record fee nor responded to the warning concerning dismissal.
The court relied on Texas Rules of Appellate Procedure 37.3(b), 42.3(c), and 43.2(f), which permit dismissal when an appellant fails to take the steps necessary to secure the clerk’s record and prosecute the appeal.
Key Takeaways
- An appellant must pay or arrange payment for preparation of the clerk’s record unless indigent status has been established.
- Failure to respond to an appellate court’s warning about a missing record can result in dismissal for want of prosecution.
- The dismissal ended the accelerated appeal without review of the order denying temporary injunctive relief.
Why It Matters
The decision underscores that accelerated appeals remain subject to ordinary record-payment and prosecution requirements. Even when immediate review of temporary-injunction relief is available, an appellant’s failure to secure the clerk’s record after notice may prevent consideration of the merits.