Johnny Lamonte Phillips v. Margaret Amanda Phillips

NUMBER 13-26-00160-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG
____________________________________________________________

JOHNNY LAMONTE PHILLIPS, Appellant,

v.

MARGARET AMANDA PHILLIPS, Appellee.
____________________________________________________________

ON APPEAL FROM THE 393RD DISTRICT COURT
OF DENTON COUNTY, TEXAS
____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice West

The cause is before the court on its own motion. 1 The clerk’s record was due to be

filed on or before December 22, 2025. On March 3, 2026, the Clerk of the Court notified

appellant that the deputy district clerk, Jessica Godwin, had notified the Court that

appellant had failed to make arrangements for the payment of the clerk’s record.

1 This case is before the Court on transfer from the Second Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
Appellant was 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 TEX. R. APP. P. 37.3(b). To date, appellant has

failed to respond to the notice, and the Court has not received the clerk’s record.

Furthermore, on January 12, 2026, and on February 4, 2026, the Clerk of the Court

instructed the appellant to remit a $205.00 filing fee. On February 17, 2026, The Clerk of

the Court notified appellant that he was delinquent in remitting a $205.00 filing fee. The

Clerk of the Court notified appellant the appeal was subject to dismissal if the filing fee

was not paid within ten days from the date of the letter. See id. R. 42.3(c).

No clerk’s record has been filed due to appellant’s 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, the appeal is

dismissed for want of prosecution. See id. R. 37.3(b), 42.3(b), (c).

JON WEST
Justice

Delivered and filed on the
9th day of April, 2026.

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