Randy Algoe v. Stephen Gray
CourtTexas Court of Appeals, 13th District
Date FiledOctober 29, 2026
Docket13-26-00369-CV
StatusPublished
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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
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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.
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