CourtListener 10815281•Kimber Dunkelberg, Individually and as Trustee of the Dunkelberg Living Trust; And William Dunkelberg, Individually and as Trustee of the Dunkelberg Living Trust v. Mattie Ann Chandler
Kimber Dunkelberg, Individually and as Trustee of the Dunkelberg Living Trust; And William Dunkelberg, Individually and as Trustee of the Dunkelberg Living Trust v. Mattie Ann Chandler
CourtListener 10815281Txctapp7Mar 24, 2026
Full text
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00135-CV
KIMBER DUNKELBERG, INDIVIDUALLY AND AS TRUSTEE OF THE DUNKELBERG
LIVING TRUST; AND WILLIAM DUNKELBERG, INDIVIDUALLY AND AS TRUSTEE
OF THE DUNKELBERG LIVING TRUST, APPELLANTS
V.
MATTIE ANN CHANDLER, APPELLEE
On Appeal from the 97th District Court
Clay County, Texas
Trial Court No. 24-039-DCCV-0086, Honorable Trish C. Byars, Presiding
March 24, 2026
MEMORANDUM OPINION
Before PARKER, C.J. and DOSS and YARBROUGH, JJ.
Appellants, Kimber Dunkelberg, Individually and as Trustee of the Dunkelberg
Living Trust; and William Dunkelberg, Individually and as Trustee of the Dunkelberg Living
Trust, appeal from the trial court’s Order Granting Plaintiff’s Motion to Sever and Order
Granting Plaintiff’s Partial Traditional Motion for Summary Judgment Regarding Trespass
to Try Title. 1 The clerk’s record was due February 23, 2026, but was not filed due to
Appellants’ failure to make payment arrangements for the record. See TEX. R. APP. P.
35.3(a)(2). By letter of March 5, 2026, we directed Appellants to pay for the clerk’s record
by March 16, 2026, or the appeal would be subject to dismissal for want of prosecution.
See TEX. R. APP. P. 37.3(b). To date, Appellants have not made payment arrangements
for the clerk’s record, filed a response addressing the omission, or submitted a notice
electing to file an appendix in lieu of a clerk’s record pursuant to Rule of Appellate
Procedure 34.5a.
Consequently, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.
37.3(b), 42.3(b).
Per Curiam
1 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE § 73.001.
2
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