In the Matter of the Marriage of Brittany Wallace and Tyler Wallace and in the Interest of L.R.C.W., a Child v. the State of Texas

NUMBER 13-26-00102-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE OF BRITTANY WALLACE AND
TYLER WALLACE AND IN THE INTEREST OF L.R.C.W., A CHILD

ON APPEAL FROM THE 170TH DISTRICT COURT
OF MCLENNAN 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 January 16, 2026, appellant

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

number 2023-3354-4. 1 The clerk’s record was originally due on April 7, 2026. Appellant

filed a motion for extension of time to pay for the clerk’s record and requested that the

1 This case is before this Court on transfer from the Tenth Court of Appeals in Waco pursuant to a

docket-equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
deadline be extended to April 20, 2026. We granted the extension.

Appellant failed to make arrangements to pay for the clerk’s record by that date.

On April 29, 2026, we notified appellant that unless he made arrangements to pay for the

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

was subject to dismissal for want of prosecution. See TEX. R. APP. P. 42.3(c).

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
4th day of June, 2026.

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