Estate of Claire Essing v. the State of Texas

NUMBER 13-26-00197-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ESTATE OF CLAIRE ESSING, DECEASED

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 3
OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION

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

Appellant Lena Essing Comstock filed a notice of appeal from an order rendered

in trial court cause number 2024-PR-00469-3 in the County Court at Law Number 3 of

Nueces County, Texas. On April 28, 2026, and again on May 22, 2026, the Clerk of the

Court notified appellant that the clerk’s record in the above cause was originally due on

April 27, 2026; however, the deputy district clerk had notified this Court that appellant

failed to make arrangements for payment of the clerk’s record. The Clerk advised

appellant that the appeal was subject to dismissal for want of prosecution unless appellant
arranged to pay for the clerk’s record and provided proof of payment to this Court within

ten days. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Appellant did not indicate that she was

entitled to proceed without payment, make arrangements to secure the filing of the clerk’s

record, or otherwise respond to the Clerk’s notices.

The Texas Rules of Appellate Procedure authorize us to dismiss an appeal for

want of prosecution when the appellant has failed to pay or arranged to pay for the

preparation of the clerk’s record unless the appellant is entitled to proceed without

payment of costs. See id. R. 37.3(b), 42.3(b), (c); In re T.L.R., 391 S.W.3d 669, 669 (Tex.

App.—Dallas 2013, no pet.); Clinton v. Clinton, 198 S.W.3d 444, 444 (Tex. App.—El Paso

2006, no pet.). The Court also has the authority to dismiss an appeal because the

appellant has failed to comply with a requirement of the appellate rules, a court order, or

a notice from the Clerk requiring a response or other action within a specified time. See

TEX. R. APP. P. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex.

App.—San Antonio 2017, no pet.).

The Court, having examined and fully considered the documents on file and the

foregoing events, is of the opinion that this appeal should be dismissed. The record does

not reflect that appellant has paid for the clerk’s record, arranged to pay for the clerk’s

record, or that appellant is entitled to proceed without payment of costs. Accordingly, we

dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).

CLARISSA SILVA
Justice

Delivered and filed on the
18th day of June, 2026.

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