Troy Nguyen v. Teravista Community Association, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00859-CV

Troy Nguyen, Appellant

v.

Teravista Community Association, Inc., Appellee

FROM THE 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY
NO. 23-2444-C425, THE HONORABLE BETSY F. LAMBETH, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on

November 20, 2025. On November 21, 2025, we notified appellant that no clerk’s record had

been filed due to his failure to pay or make arrangements to pay the trial clerk’s fee for preparing

the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record

and submit a status report regarding this appeal by December 1, 2025. Further, the notice

advised appellant that his failure to comply with this request could result in the dismissal of the

appeal for want of prosecution. To date, appellant has not filed a status report or otherwise

responded to this Court’s notice, and the clerk’s record has not been filed. 1

If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to

pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court

1We note that appellant did file a “Notice of Jurisdictional Status” but that this
filing made no mention of the clerk’s record and was unresponsive to our notice and request.
may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed

without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellant has not established

that he is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because

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

record, this appeal is dismissed for want of prosecution.

__________________________________________
Maggie Ellis, Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Dismissed for Want of Prosecution

Filed: February 19, 2026

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