Full Opinion

Court of Appeals Tenth Appellate District of Texas 10-26-00209-CV In the Matter of the Marriage of Julie McClaire and Brandit Franco On appeal from the County Court at Law of Bosque County, Texas Judge Luke Giesecke, presiding Trial Court Cause No. CV25-223 JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION Appellant, Julie McClaire, appealed a final decree of divorce. In the docketing statement filed with this Court, Appellant stated that she had not requested or paid for the Clerk’s Record in this appeal but had done so for the Reporter’s Record. Appellant also stated that she is not indigent in the docketing statement. On September 4, 2026, this Court was informed by the trial court clerk that Appellant had not requested the Clerk’s Record nor had she paid or made arrangements to pay for the Clerk’s Record.1 That same day, the Clerk of this Court issued a letter to Appellant to advise her that the Clerk’s Record had not been filed due to her failure to pay for or to make arrangements to pay for the Clerk’s Record. In that same letter, Appellant was also instructed to pay for or make arrangements to pay for the Clerk’s Record and was directed to inform this Court that she had done so on or before Monday, September 14, 2026. Additionally, Appellant was further advised that the failure to comply with the Clerk’s letter would result in the dismissal of the appeal for want of prosecution without further notice. The trial court clerk filed a notice with this Court on September 15, 2026, that payment had not been received from Appellant for the Clerk’s Record. 2 Additionally, Appellant has still not provided this Court with written documentation showing that she has complied with the Clerk’s directive. As of this date, the Clerk’s Record has not been filed with this Court. Accordingly, this appeal is dismissed for want of prosecution and for failing to comply with a requirement of the Rules and of “a notice from the clerk 1 Although a designation of matters to be included in the Clerk’s Record is not required, payment or adequate payment arrangements for the Clerk’s Record are required for a non-indigent appellant before the trial court clerk is obligated to prepare, certify, and file the record. See TEX. R. APP. P. 34.5, 35.3(a)(2). 2 The Court was also informed by the court reporter on September 14, 2026 that Appellant has not made payment for the Reporter’s Record after several attempts and the Reporter’s Record has not been filed as of this date, but that is not the basis for this dismissal. In the Matter of the Marriage of McClaire and Franco Page 2 requiring a response or other action within a specified time.” See TEX. R. APP. P. 37.3(b); 42.3(c). STEVE SMITH Justice OPINION DELIVERED and FILED: September 30, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06 In the Matter of the Marriage of McClaire and Franco Page 3