A Texas court has dismissed an appeal filed by Dency Henderson against Sure Trac of Texas, Inc. The dismissal occurred because Henderson did not pay the required court fees and did not follow the court's directives. This decision affects Henderson's ability to pursue the case further and highlights the importance of adhering to court rules.
The Texas Court of Appeals for the Tenth District made this ruling on August 20, 2026, under docket number 10-26-00238-CV. The court's decision emphasizes the necessity for litigants to comply with procedural requirements, including payment for court records, to ensure their appeals can proceed.
The appeal arose from a judgment made by the 474th District Court of McLennan County, Texas, presided over by Judge E. Alan Bennett. The original trial court's judgment was signed on March 27, 2026. Henderson's failure to pay for the Clerk’s Record and Reporter’s Record led to the dismissal.
Henderson's case began when he filed an appeal against Sure Trac of Texas, Inc. However, the court noted that Henderson had not made the necessary payment arrangements for the records needed to proceed with the appeal. According to the court documents, Henderson submitted a docketing statement on June 26, 2026, but did not request or arrange payment for the required records.
On the same day, the court clerk sent a letter reminding Henderson of the need to make payment arrangements by July 6, 2026. The letter warned that failure to do so could result in the dismissal of the appeal for want of prosecution. The court also advised Henderson to designate the matters to be included in the Reporter’s Record and to verify compliance with the court.
Despite these warnings, Henderson did not file the required verification regarding the payment arrangements for either the Clerk’s Record or the Reporter’s Record. Furthermore, the trial court clerk submitted a notice to the court on August 3, 2026, indicating that Henderson had not paid the bill sent to him. The court reporter also reported that Henderson had not designated the matters to be included in the Reporter’s Record and had made no payment arrangements.
Justice Lee Harris delivered the opinion of the court, stating, “This appeal cannot proceed without the Clerk’s Record. Accordingly, this appeal is dismissed for want of prosecution and the failure to follow a directive from the Clerk of this Court.” The ruling was made with the concurrence of Chief Justice Johnson and Justice Smith.
This dismissal is significant as it underscores the importance of adhering to court procedures. Litigants must ensure they meet all requirements, including financial obligations, to maintain their right to appeal. The court's ruling serves as a reminder that non-compliance with procedural rules can result in the loss of the opportunity to pursue legal claims.
The impact of this ruling extends beyond Henderson. It serves as a cautionary tale for others involved in legal proceedings. Individuals and entities must be diligent in following court instructions and fulfilling financial responsibilities to avoid similar outcomes.
Looking ahead, Henderson may have limited options for appealing this dismissal. The court's decision is final unless there are grounds for a higher court to review the case. Details were not available in the court filing regarding any related cases or whether Henderson intends to pursue further legal action.