This question has been addressed in 1 Texas court opinion:
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.”