Dency Henderson v. Sure Trac of Texas, Inc.
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledAugust 20, 2026
Docket10-26-00238-CV
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00238-CV
Dency Henderson,
Appellant
v.
Sure Trac of Texas, Inc.,
Appellee
On appeal from the
474th District Court of McLennan County, Texas
Judge E. Alan Bennett, presiding
Trial Court Cause No. 2025-390-6
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Dency Henderson appealed a judgment of the trial court signed on March
27, 2026. Because of a post-trial motion that extended the time for filing the
record, the Clerk’s Record and Reporter’s Record were due on July 27, 2026. 1 0F
The docketing statement submitted to this Court by Henderson on June 26,
1
Henderson did not file a notice of election to submit an appendix in lieu of the Clerk’s Record pursuant
to Rule of Appellate Procedure 34.5a.
2026, indicates that Henderson had not requested nor made payment
arrangements for the Clerk’s Record or the Reporter’s Record.
By letter from the Clerk of this Court dated June 26, 2026, Henderson
was directed to make payment arrangements with the trial court clerk and to
verify compliance with this Court on or before July 6, 2026. Henderson was
warned that the failure to pay or make arrangements to pay for the Clerk’s
Record might result in the dismissal of the appeal for want of prosecution. In
that same letter, Henderson was further advised that if he wished to have the
Reporter’s Record for the appeal, he was directed to designate the matters to
be included in the Reporter’s Record and to make payment arrangements with
the court reporter and to verify the designation with this Court on or before
July 6, 2026.
Henderson has not filed the requested verification as to either record
with this Court. Additionally, the trial court clerk submitted a notice to this
Court on August 3, 2026, that the trial court clerk had sent a bill to Henderson
and it remains unpaid as of that date. The court reporter also submitted a
notice to this Court on July 27, 2026, that the matters to be included in the
Reporter’s Record had not been designated and no payment arrangements
were made.
Henderson v. Sure Trac of Texas, Inc. Page 2
This appeal cannot proceed without the Clerk’s Record. Accordingly, this
appeal is dismissed for want of prosecution and the failure to follow a directive
from the Clerk of this Court. See TEX. R. APP. P. 42.3(b), (c).
LEE HARRIS
Justice
OPINION DELIVERED and FILED: August 20, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
CV06
Henderson v. Sure Trac of Texas, Inc. Page 3