Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00559-CV Thomas Mann, Jr., Appellant v. First National Bank Texas, a Division of First Convenience Bank, and First Heros National Bank, Appellees FROM THE 146TH DISTRICT COURT OF BELL COUNTY NO. 25DCV351307, THE HONORABLE MIKE RUSSELL, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due for filing in this Court on July 13, 2026. On July 27, 2026, we notified appellant that no clerk’s record had been filed due to his failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by August 6, 2026. Further, the notice advised appellant that his failure to comply with this request could result in the dismissal of the appeal for want of prosecution. Appellant responded that he intends to proceed by an appendix, but we previously notified appellant that he did not timely make that election. See Tex. R. App. P. 34.5a(a) (“The notice of election [to file an appendix that replaces the clerk’s record for the appeal] must be filed within 10 days after the date the appellant files a notice of appeal.”); Tex. Civ. Prac. & Rem. Code § 51.018(a) (“Not later than the 10th day after the date that a party files a notice of appeal for a civil suit, the party may notify the trial court and the court of appeals that the party will file an appendix that replaces the clerk’s record for the appeal.”). To date, the clerk’s record has not been filed. If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellant has not established that he is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution. __________________________________________ Rosa Lopez Theofanis, Justice Before Chief Justice Byrne, Justices Kelly and Theofanis Dismissed for Want of Prosecution Filed: September 4, 2026 2