In the Interest of A.C.M. and T.B.K., Children v. the State of Texas

NUMBER 13-25-00661-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE INTEREST OF A.C.M. AND T.B.K., CHILDREN

ON APPEAL FROM THE 197TH DISTRICT COURT
OF WILLACY COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Peña, West, and Fonseca
Memorandum Opinion by Justice West

This cause is before the Court on its own motion. On December 12, 2025, appellant

filed a notice of appeal attempting to appeal an order or judgment in trial court cause

number 2025-CV-0163-A. The clerk’s record was originally due on January 15, 2026. On

February 24, 2026, the Clerk of the Court notified appellant that the clerk’s record was

past due. The Clerk further notified appellant that, unless she made arrangements to pay

for the clerk’s record and proof of payment was provided to the Court within ten days, the

appeal was subject to dismissal for want of prosecution. See TEX. R. APP. P. 37.3(b).
On March 16, 2026, we abated and remanded this case to the trial court to

determine whether appellant is indigent, entitled to a free appellate record due to

indigency, and entitled to court-appointed counsel. On May 8, 2026, the trial court entered

its written order and found appellant not indigent.

We reinstated this case on May 12, 2026, and notified appellant that the clerk’s

record was due. To date, no clerk’s record has been filed due to appellant’s failure to pay

or make payment arrangements. This Court has the authority to dismiss an appeal

because the appellant failed to pay or make arrangements to pay the clerk’s fee for

preparing the clerk’s record. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Accordingly, we

dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).

JON WEST
Justice

Delivered and filed on the
18th day of June, 2026.

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