In the Interest of A.C.M. and T.B.K., Children v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledJune 18, 2026
Docket13-25-00661-CV
StatusPublished
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Full Opinion
NUMBER 13-25-00661-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF A.C.M. AND T.B.K., CHILDREN
ON APPEAL FROM THE 197TH DISTRICT COURT
OF WILLACY COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Peña, West, and Fonseca
Memorandum Opinion by Justice West
This cause is before the Court on its own motion. On December 12, 2025, appellant
filed a notice of appeal attempting to appeal an order or judgment in trial court cause
number 2025-CV-0163-A. The clerk’s record was originally due on January 15, 2026. On
February 24, 2026, the Clerk of the Court notified appellant that the clerk’s record was
past due. The Clerk further notified appellant that, unless she 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 TEX. R. APP. P. 37.3(b).
On March 16, 2026, we abated and remanded this case to the trial court to
determine whether appellant is indigent, entitled to a free appellate record due to
indigency, and entitled to court-appointed counsel. On May 8, 2026, the trial court entered
its written order and found appellant not indigent.
We reinstated this case on May 12, 2026, and notified appellant that the clerk’s
record was due. To date, no clerk’s record has been filed due to appellant’s failure to pay
or make payment arrangements. This Court has the authority to dismiss an appeal
because the appellant failed to pay or make arrangements to pay the clerk’s fee for
preparing the clerk’s record. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Accordingly, we
dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).
JON WEST
Justice
Delivered and filed on the
18th day of June, 2026.
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