American Financial Security Life Insurance Company v. Dustin McFadden

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: December 31, 2025
• Docket: 01-25-00718-CV
• Status: Published

Opinion

Opinion issued December 31, 2025

In The Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00718-CV ——————————— AMERICAN FINANCIAL SECURITY LIFE INSURANCE COMPANY, Appellant V. DUSTIN MCFADDEN, Appellee

On Appeal from the 157th District Court Harris County, Texas Trial Court Case No. 2021-66308

MEMORANDUM OPINION

Appellant American Financial Security Life Insurance Company filed its notice of

appeal on September 5, 2025. Appellant did not pay its appellate filing fee or establish

indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T

CODE §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District

Litigation, and in the Business Court, Misc. Docket No. 24-9047 (Tex. July 26, 2024),

reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in courts of appeals). The Clerk of

this Court notified appellant that unless it paid the appellate filing fee by October 30, 2025,

its appeal could be dismissed. See TEX. R. APP. P. 42.3(b). To date, appellant has not

responded to the Clerk’s notice, nor paid the appellate filing fee or established indigence

for purposes of appellate costs.

Appellant also failed to pay, or make arrangements to pay, the fee for preparing the

clerk’s record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 34.1. We notified appellant that

its appeal could be dismissed for want of prosecution if the clerk’s record was not filed.

See TEX. R. APP. P. 37.3(a), (b). We directed appellant to submit written evidence from the

trial court clerk by November 17, 2025, reflecting it paid, or made arrangements to pay,

the fee for preparing the clerk’s record. To date, appellant has not responded to this Court’s

notice and the clerk’s record has not been filed.

We dismiss the appeal for nonpayment of all required fees and for want of

prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b)–(c). We dismiss all pending motions as

moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.