Memorandum Opinion Per Curiam, 14-25-01036-CV, February 03, 2026.
On appeal from Unknown
Synopsis
The Fourteenth Court of Appeals dismissed this appeal for want of prosecution following the appellant’s repeated failure to arrange payment for the clerk’s record. Despite multiple notices and a formal order from the court warning of impending dismissal, the appellant failed to provide proof of payment or respond to the court’s inquiries, triggering dismissal under Texas Rule of Appellate Procedure 37.3(b).
Relevance to Family Law
In the context of Texas family law, where emotional stakes and the need for finality are paramount, a procedural dismissal for failure to pay for the clerk’s record is a catastrophic result for the client. Whether appealing a division of a complex marital estate or a conservatorship determination in a SAPCR, the appellate attorney must ensure that the “ministerial” task of securing the record is completed. In family law litigation, where a party may be relying on a stay or a supersedeas bond, a dismissal under Rule 37.3(b) not only terminates the challenge to the trial court’s order but also immediately exposes the client to the enforcement of the underlying decree or temporary order.
Case Summary
Fact Summary
This appeal originated from an order signed on October 18, 2025. Following the perfection of the appeal, the clerk of the Fourteenth Court of Appeals was informed by the trial court clerk that the appellant had failed to make the necessary financial arrangements for the preparation and filing of the clerk’s record. On December 19, 2025, the appellate court provided notice to all parties of its intent to dismiss the appeal for want of prosecution unless the appellant provided proof of payment within fifteen days. The appellant did not respond. Subsequently, on January 15, 2026, the court issued a formal order requiring the appellant to provide proof of payment within ten days, explicitly warning that non-compliance would result in dismissal. The appellant again failed to respond or provide any evidence that the clerk’s record had been funded.
Issues Decided
The primary issue was whether the appellate court should dismiss an appeal for want of prosecution when the appellant fails to fulfill the burden of paying for the clerk’s record and ignores subsequent court orders to rectify the omission.
Rules Applied
The court primarily relied on Texas Rule of Appellate Procedure (TRAP) 37.3(b), which grants the appellate court the authority to dismiss an appeal for want of prosecution if the clerk’s record is not filed because the appellant failed to pay or make arrangements to pay the clerk’s fee. The court also cited TRAP 35.3(c), which outlines the appellant’s duty to facilitate the filing of the record by making payment arrangements, and the court’s general authority to manage its docket and enforce compliance with its orders.
Application
The court’s application of the law was straightforward and focused on the appellant’s total lack of diligence. The court emphasized that the clerk’s record is a prerequisite for the progression of any appeal. By failing to pay for the record, the appellant effectively stalled the judicial process. The court utilized a two-step warning process: first, a notification of intent to dismiss, and second, a formal order. Because the appellant ignored both the procedural requirement of payment and the court’s direct mandates to provide proof of that payment, the court determined that the appellant had abandoned the appeal. The narrative established by the court is one of procedural exhaustion—where the court gave the appellant every opportunity to preserve the appeal, yet the appellant’s silence compelled a dismissal.
Holding
The Court of Appeals dismissed the appeal for want of prosecution. The holding confirms that the duty to provide a record rests solely on the appellant, and the court is under no obligation to keep an appeal active when the appellant fails to satisfy the financial requirements for the record.
The court further held that when an appellant is provided with notice and an opportunity to cure a payment default but fails to do so, dismissal is the appropriate remedy under TRAP 37.3(b).
Practical Application
For the family law practitioner, this case serves as a stark reminder that appellate deadlines are not merely suggestions. In a fast-moving divorce or custody appeal, the transition from trial counsel to appellate counsel often results in “dropped balls” regarding administrative fees. It is imperative that counsel confirms with the District Clerk exactly what the preparation fee is and ensures that the client—or the firm—submits payment immediately upon the filing of the Notice of Appeal. Furthermore, if a client is indigent, a Statement of Inability to Afford Payment of Court Costs must be filed timely to avoid the exact scenario seen here.
Checklists
Securing the Clerk’s Record
- Verify the specific fee for the clerk’s record with the trial court coordinator or district clerk’s office immediately after filing the Notice of Appeal.
- Ensure that the “Request for Clerk’s Record” is filed and specifically identifies all necessary documents (e.g., findings of fact, conclusions of law, and specific exhibits).
- Obtain a written receipt or confirmation of payment from the clerk’s office.
- Calendar a “Proof of Payment” deadline for 10 days after the filing of the Notice of Appeal to ensure the appellate court receives notification.
Responding to Notice of Default
- If a notice under TRAP 37.3(b) is received, contact the trial court clerk immediately to resolve any payment discrepancies.
- File a formal response with the Court of Appeals within the 10-to-15-day window provided in the notice.
- Attach the receipt of payment or a sworn declaration explaining the arrangements made.
- If more time is needed, file a formal Motion for Extension of Time specifically detailing the efforts made to secure the record.
Citation
Galvez v. Kroger Texas L.P., No. 14-25-01036-CV (Tex. App.—Houston [14th Dist.] Feb. 3, 2026, no pet.) (mem. op.).
Full Opinion
Family Law Crossover
This ruling can be effectively weaponized by an appellee in a Texas divorce or custody case to terminate an opponent’s appellate rights early in the process. If you represent the party who prevailed at trial, you should monitor the appellate docket closely. If the clerk’s record is not filed by the 60th day (or 120th day if a motion for new trial was filed), or the 10th day in an accelerated appeal (like a termination case), the appellee should immediately alert the appellate court or move for dismissal under Rule 37.3(b). In cases involving “stalling tactics” by a non-paying spouse, this procedural default allows the prevailing party to move forward with the execution of property transfers or the permanent implementation of a new possession schedule without the cloud of a pending appeal. It effectively converts a potentially years-long appellate battle into a swift procedural victory.
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