What proof do I need to avoid dismissal of my Texas appeal for incomplete court records?

This question has been addressed in 2 Texas court opinions:

Vallecillo v. Gonzalez

COA04 — January 28, 2026

In Vallecillo v. Gonzalez, an appellant seeking to challenge a take-nothing judgment submitted only a partial reporter's record to the appellate court to save on transcript costs. However, the appellant failed to file a contemporaneous 'statement of points or issues' as required by Texas Rule of Appellate Procedure 34.6(c). The Fourth Court of Appeals analyzed the case under the common-law presumption that any omitted portions of a record are presumed to support the trial court's judgment. Because the appellant's own case-in-chief was among the missing volumes and he failed to trigger the 'safe harbor' protections of Rule 34.6, the court held it was legally impossible to sustain his sufficiency challenges and affirmed the trial court's ruling.

Litigation Takeaway

“When appealing a case with a partial transcript, you must file a formal 'Statement of Points or Issues'; otherwise, the court will automatically presume that the missing testimony supports the judge's original decision, likely tanking your appeal.”

Curtis Lilly v. Kimberly Thompson

COA02 — January 30, 2026

In Lilly v. Thompson, appellant Curtis Lilly sought to appeal a judgment from the 360th District Court, but the Tarrant County District Clerk notified the appellate court that payment for the clerk’s record had not been made. The Second Court of Appeals issued a warning and granted an extension of time for the appellant to comply. After the appellant failed to meet the extended deadline or provide proof of payment arrangements, the court analyzed the case under Texas Rules of Appellate Procedure 37.3(b) and 42.3(b). The court held that the appellant's persistent failure to manage the administrative costs of the appeal required dismissal for want of prosecution, effectively terminating the appeal before it could be heard on its merits.

Litigation Takeaway

“Filing a notice of appeal is only the first step; an appeal will be dismissed regardless of its merits if the appellant fails to pay the administrative fees for the trial court record. Diligent management of court costs and deadlines is a non-negotiable requirement for seeking appellate review in family law cases.”