Full Opinion

NUMBER 13-26-00369-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG RANDY ALGOE, Appellant, v. STEPHEN GRAY, Appellee. ON APPEAL FROM THE 404TH DISTRICT COURT OF CAMERON COUNTY, TEXAS MEMORANDUM OPINION Before Justices Silva, Peña, and West Memorandum Opinion by Justice West This cause is before the Court on its own motion and appellant’s objections and motion “that [the] Appeal not be Dismissed; and Request to Ensure Complete Supplemental Record.” On May 5, 2026, appellant filed a notice of appeal. The clerk’s record was originally due on June 11, 2026. On May 15, 2026, the Clerk of the Court notified appellant that the deputy district clerk, Silvia Mata, notified this Court that appellant failed to make arrangements for payment of the clerk’s record. Appellant was further notified that unless he made arrangements to pay for the clerk’s record and proof of payment was provided to this Court within ten days, the appeal was subject to dismissal for want of prosecution. See TEX. R. APP. P. 37.3(b). On June 29, 2026, after consideration of appellant’s several related motions, the Clerk of the Court again provided a “FINAL NOTICE” to appellant informing him that the deputy district clerk, Silvia Mata, notified this Court that appellant had failed to make arrangements for payment of the clerk’s record. Appellant was further notified that unless he made arrangements to pay for the clerk’s record and proof of payment was provided to the Court within ten days, the appeal was subject to dismissal for want of prosecution. See id. On July 29, 2026, again, after consideration of appellant’s several related motions, we abated the appeal and remanded the case to the trial court for determination of whether appellant had timely requested the clerk’s record, whether appellant was entitled to a free appellate record or had made payment arrangements, and whether appellant had been provided a complete copy of the appellate record. Upon review of the trial court’s findings, appellant was provided notice of the cost for the clerk’s record and thirty days to either pay or make payment arrangements. The trial court specifically found that appellant timely requested the clerk’s record, he is not indigent, he is not entitled to a free appellate record, and he did not pay for nor make satisfactory financial payment arrangements for the appellate record. In his latest motion, filed on October 1, 2026, appellant asserts another party is responsible for paying for the appellate record, and, therefore, he is relieved of paying for 2 the appellate record upfront. However, costs for the preparation of the record may be done in the judgment of the Court rather than at the onset of the case. See id. R. 43.4 (“Judgment for Costs in Civil Cases”). Furthermore, Texas Rule of Appellate Procedure 37.3(b) states that if no clerk’s record is provided because “appellant failed to pay or make arrangements to pay the clerk’s fee” the court may “dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs.” See id. R. 37.3(b). Upon review of appellant’s motion and rules of appellate procedure, we conclude appellant is not entitled to proceed without the payment of costs. We are also of the opinion that appellant had a reasonable opportunity to cure the failure. See id. (requiring the Court to “give appellant a reasonable opportunity to cure before dismissal”). To date, no clerk’s record has been filed due to appellants’ failure to pay or make payment arrangements, and appellant has failed to comply with a notice from the Clerk of the Court requiring a response or other action within the time specified. Accordingly, we reinstate the appeal, deny appellant’s motion that the appeal not be dismissed and request to ensure complete supplemental record, and dismiss the appeal for want of prosecution. See id. R. 37.3(b), 42.3(b), (c). JON WEST Justice Delivered and filed on the 29th day of October, 2026. 3