Dency Henderson v. Sure Trac of Texas, Inc.

Opinion

Court of Appeals

Tenth Appellate District of Texas

10-26-00238-CV

Dency Henderson,

Appellant

v.

Sure Trac of Texas, Inc., Appellee

On appeal from the

474th District Court of McLennan County, Texas Judge E. Alan Bennett, presiding Trial Court Cause No. 2025-390-6

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Dency Henderson appealed a judgment of the trial court signed on March 27, 2026. Because of a post-trial motion that extended the time for filing the record, the Clerk’s Record and Reporter’s Record were due on July 27, 2026. 1 0F

The docketing statement submitted to this Court by Henderson on June 26,

1 Henderson did not file a notice of election to submit an appendix in lieu of the Clerk’s Record pursuant to Rule of Appellate Procedure 34.5a.

2026, indicates that Henderson had not requested nor made payment arrangements for the Clerk’s Record or the Reporter’s Record.

By letter from the Clerk of this Court dated June 26, 2026, Henderson was directed to make payment arrangements with the trial court clerk and to verify compliance with this Court on or before July 6, 2026. Henderson was warned that the failure to pay or make arrangements to pay for the Clerk’s Record might result in the dismissal of the appeal for want of prosecution. In that same letter, Henderson was further advised that if he wished to have the Reporter’s Record for the appeal, he was directed to designate the matters to be included in the Reporter’s Record and to make payment arrangements with the court reporter and to verify the designation with this Court on or before July 6, 2026.

Henderson has not filed the requested verification as to either record with this Court. Additionally, the trial court clerk submitted a notice to this Court on August 3, 2026, that the trial court clerk had sent a bill to Henderson and it remains unpaid as of that date. The court reporter also submitted a notice to this Court on July 27, 2026, that the matters to be included in the Reporter’s Record had not been designated and no payment arrangements were made.

Henderson v. Sure Trac of Texas, Inc. Page 2

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. See TEX. R. APP. P. 42.3(b), (c).

LEE HARRIS

Justice

OPINION DELIVERED and FILED: August 20, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06

Henderson v. Sure Trac of Texas, Inc. Page 3