Can my appeal be dismissed for want of prosecution and what notice do I get?
This question has been addressed in 3 Texas court opinions:
MARVIN LEE JONES, Appellant v. ARLINGTON PLACE APARTMENTS, Appellee
COA14 — January 29, 2026
In this appeal, the appellant contested the court reporter's notice that no record existed, prompting the appellate court to abate the case for an evidentiary hearing. After the trial court confirmed that no reporter's record was ever made, the appellate court reinstated the case and set a strict briefing deadline. Despite being granted an extension, the appellant failed to file a brief. The Fourteenth Court of Appeals analyzed the case under Texas Rule of Appellate Procedure 42.3(b), holding that the failure to prosecute the appeal after the record's status was resolved required a dismissal of the case.
Litigation Takeaway
“A "missing" reporter’s record is not a permanent shield against deadlines; once a trial court determines a record does not exist, you must immediately pivot to a legal strategy based on the Clerk's Record or face a dismissal for want of prosecution.”
Galvez v. Kroger Texas L.P.
COA14 — February 3, 2026
The Fourteenth Court of Appeals dismissed an appeal after the appellant failed to make financial arrangements for the clerk's record. Despite the court issuing a notice of intent to dismiss and a subsequent formal order requiring proof of payment, the appellant remained unresponsive. The court analyzed the case under Texas Rules of Appellate Procedure 37.3(b) and 35.3(c), which place the burden of securing the record on the appellant. Because the appellant failed to fulfill this financial duty and ignored court mandates, the court held that dismissal for want of prosecution was necessary.
Litigation Takeaway
“Procedural defaults are fatal to an appeal; administrative tasks like paying the district clerk for the record are just as critical as the legal briefing itself. In the family law context, a dismissal for failure to pay for the record immediately terminates the challenge to the trial court's decree, exposing the client to the full enforcement of custody or property orders without further recourse.”
Sherie A. McArthur, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLARENCE MAURICE LOGAN, JR., Appellant V. CONCORD HOUSTON JFK BLVD HOTEL II LLC, A TEXAS LIMITED LIABILITY COMPANY; CONCORD HOSPITALITY ENTERPRISES COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1-20, Appellees
COA14 — February 3, 2026
In McArthur v. Concord Houston JFK Blvd Hotel II LLC, the Fourteenth Court of Appeals addressed an appellant's failure to prosecute their appeal. After the clerk's record was filed, the appellant failed to file a brief or a motion for extension for several months. The court issued a formal 10-day warning under Texas Rule of Appellate Procedure 42.3(b), often called a 'death notice,' requiring a response to avoid dismissal. When the appellant ignored the notice, the court analyzed the procedural failure under Rule 42.3 and held that dismissal for want of prosecution was necessary. The court concluded that ignoring mandatory briefing deadlines and subsequent show-cause orders effectively abandons the appeal, leaving the panel no choice but to dismiss without reaching the merits.
Litigation Takeaway
“In Texas appellate law, deadlines are not mere suggestions; missing a briefing deadline and failing to respond to a court's 10-day 'death notice' will result in the summary dismissal of your case, making the trial court's judgment final and unappealable regardless of the merits of your claim.”