A Texas appellate court has dismissed an appeal filed by Randy Algoe against Stephen Gray due to Algoe's failure to pay for the necessary court records. The decision, issued by the Texas Court of Appeals for the Thirteenth District, underscores the importance of complying with court procedures and financial obligations when pursuing an appeal.

The case, identified by docket number 13-26-00369-CV, began when Randy Algoe filed a notice of appeal on May 5, 2026. However, the court clerk notified him that he had not made the required arrangements for payment of the clerk’s record, which is essential for the appeal process. The court gave Algoe multiple warnings, but he failed to respond adequately, leading to the dismissal of his appeal.

The dispute centers on whether Algoe had timely requested the clerk’s record and whether he was entitled to a waiver of fees due to indigence. The trial court found that Algoe had not made satisfactory arrangements for payment and was not eligible for a free appellate record. This ruling was crucial in the appellate court's decision to dismiss the case.

Background

Randy Algoe is the appellant in this case, while Stephen Gray serves as the appellee. The dispute arose in the context of a legal proceeding in the 404th District Court of Cameron County, Texas. Details regarding the original case between Algoe and Gray were not included in the court filing, but the appellate process was initiated by Algoe's notice of appeal.

After filing his appeal, Algoe was informed by the court clerk that he needed to pay for the clerk’s record by June 11, 2026. When he failed to do so, the court issued a warning that his appeal could be dismissed for want of prosecution. Despite multiple notifications and opportunities to pay or make arrangements, Algoe did not comply with the court's requirements.

The Ruling

The Texas Court of Appeals ultimately ruled to dismiss Algoe's appeal due to his failure to pay for the clerk’s record. Justice Jon West delivered the memorandum opinion, stating, "To date, no clerk’s record has been filed due to appellant's failure to pay or make payment arrangements." The court emphasized that Algoe had been given a reasonable opportunity to rectify the situation but had not done so.

In the opinion, the court reiterated the importance of adhering to procedural rules, noting that Texas Rule of Appellate Procedure 37.3(b) allows for dismissal if an appellant fails to pay or arrange payment for the clerk's record. The court concluded, "Accordingly, we reinstate the appeal, deny appellant’s motion that the appeal not be dismissed and request to ensure complete supplemental record, and dismiss the appeal for want of prosecution." This decision highlights the court's commitment to maintaining procedural integrity in the appellate process.

Impact

The dismissal of Randy Algoe's appeal serves as a reminder to all litigants about the importance of complying with court rules and financial obligations. This ruling impacts not only Algoe but also sets a precedent for future cases where appellants may attempt to appeal without fulfilling necessary requirements. It reinforces the idea that courts will not proceed with appeals if the proper fees are not paid, regardless of the underlying merits of the case.

The ruling may also affect how future appellants approach their cases, emphasizing the need to ensure that all procedural requirements are met before filing an appeal. This case illustrates the potential consequences of neglecting financial responsibilities in the legal process.

What's Next

As the court has dismissed the appeal, Randy Algoe may seek to address the underlying issues with the trial court if he wishes to pursue the matter further. However, the court's ruling indicates that he cannot appeal without fulfilling the payment requirements. Details regarding any potential related cases or further actions by Algoe were not available in the court filing.