Washington v. Young and Office of the Attorney General of Texas, 08-26-00048-CV, February 24, 2026.
On appeal from the 201st District Court Travis County, Texas.
Synopsis
The Eighth Court of Appeals dismissed this appeal for want of prosecution after the appellant failed to pay the required filing fee and neglected to make financial arrangements for the preparation of the clerk’s record. Despite receiving multiple formal notices and warnings from the appellate clerk regarding these deficiencies, the appellant provided no documentation of payment or evidence of indigency.
Relevance to Family Law
In the high-stakes environment of family law—where the window to challenge custody determinations or property divisions is narrow—procedural discipline is as critical as substantive advocacy. This case underscores a hard truth for matrimonial practitioners: the appellate court’s jurisdiction is contingent upon strict adherence to administrative requirements. Whether representing a parent in a Title IV-D case or a spouse in a complex dissolution, counsel must ensure that the transition from the trial court to the court of appeals is marked by immediate attention to fee schedules and record arrangements. A failure to bridge the gap between filing a notice of appeal and securing the record results in a swift, non-meritorious termination of the client’s rights.
Case Summary
Fact Summary
This appeal was originally filed in the Third Court of Appeals and subsequently transferred to the Eighth Court of Appeals pursuant to a docket equalization order. On January 21, 2026, the Clerk of the Court notified the appellant, Tamarra Washington, that the required filing fee was outstanding. The Court explicitly warned that failure to remit payment by the end of the month could result in dismissal. Shortly thereafter, on February 2, 2026, the District Clerk filed a “Notification of Late Record,” indicating that the appellant had neither paid for nor made arrangements to pay for the preparation of the clerk’s record. The appellate court issued a second warning, requesting documentation of payment arrangements and cautioning that the appeal was at risk of dismissal for want of prosecution. The appellant failed to respond to either the fee notice or the record delinquency notice.
Issues Decided
The central issue was whether the Court of Appeals should dismiss an appeal for want of prosecution under TRAP 42.3 when an appellant fails to pay the filing fee required by Rule 5 and fails to secure the clerk’s record as required by Rule 37.3(b) after receiving proper notice.
Rules Applied
The Court applied Texas Rule of Appellate Procedure 5, which mandates the payment of filing fees in civil cases unless the party is legally excused from costs. Additionally, the Court invoked TRAP 37.3(b), which allows an appellate court to dismiss an appeal if the clerk’s record is not filed due to the appellant’s failure to pay or make arrangements. Finally, the Court relied on TRAP 42.3(b) and (c), which authorize dismissal for want of prosecution or for a party’s failure to comply with a court notice or a requirement of the appellate rules.
Application
The Court’s decision followed a predictable narrative of procedural default. The appellate process requires proactive movement by the appellant to move the “instruments of the record” from the trial court to the higher court. Here, the Court initiated a series of “show cause” style inquiries by mail. When the filing fee remained unpaid, the Court provided a grace period and a warning. When the District Clerk reported the record was stalled due to non-payment, the Court again provided a window for the appellant to show an excuse or proof of payment. Because the appellant remained silent in the face of these specific warnings, the Court determined that the appellant had effectively abandoned the prosecution of the appeal, leaving dismissal as the only remaining regulatory path.
Holding
The Court held that the appeal must be dismissed for want of prosecution. The Court found that the appellant’s continued failure to pay the filing fee, despite notice, triggered the court’s authority to dismiss under Rule 42.3(c).
Furthermore, the Court held that the failure to arrange for the clerk’s record, after being given an opportunity to cure the defect, warranted dismissal under Rules 37.3(b) and 42.3(b). The dismissal was rendered by the full panel without a reach to the underlying merits of the Travis County litigation.
Practical Application
For the family law practitioner, this case serves as a checklist of “what not to do” during the perfection of an appeal. It is common for trial counsel to file a notice of appeal to preserve a client’s rights, only for the client to then stall on paying the necessary costs due to the financial exhaustion common in domestic relations cases. Counsel should ensure there is a clear understanding of who is responsible for the clerk’s fee and the filing fee immediately upon the filing of the notice. If the client is indigent, a Statement of Inability to Afford Payment of Court Costs must be filed immediately to preempt these dismissal notices.
Checklists
Managing Appellate Costs
- Verify Filing Fees: Confirm the $205.00 filing fee (standard in most Texas COAs) is paid at the time the Notice of Appeal is filed or within the 10-day window provided by the initial clerk’s letter.
- Confirm Record Arrangements: Contact the District Clerk within 10 days of filing the notice to request the record and obtain a cost estimate.
- Document Payment: Maintain a copy of the receipt from the District Clerk for the record fee to provide to the Court of Appeals if a “Late Record” notice is mistakenly issued.
- Indigency Protections: If the client cannot pay, file the TRAP 20.1 Statement of Inability to Afford Payment of Court Costs in the trial court and provide a copy to the appellate clerk immediately.
Responding to Court Notices
- Calendar Deadlines: Treat a “Notice of Late Record” or “Fee Delinquency” letter with the same urgency as a jurisdictional deadline.
- The 10-Day Rule: Most COA warnings give a 10-day window to respond; ensure your office has a protocol to route these notices from the appellate clerk to the lead attorney immediately.
- Motion for Extension: If the client is struggling to gather funds, file a formal Motion for Extension of Time to pay the record fee rather than simply ignoring the Clerk’s warning letter.
Citation
Tamarra Washington v. Andrew Young and Office of the Attorney General of Texas, No. 08-26-00048-CV (Tex. App.—El Paso Feb. 24, 2026, no pet. h.).
Full Opinion
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