Dwayne James Weakley and Beatriz Weakley v. Michael Schukar; Ellen Schukar; Shaun Siems; Suzanne Siems; Morgan Morita; Lisa Morita; John Hammett; Lee Hammett; Chandy Verghese; Leena Verghese; And Grayson Lee

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: April 3, 2026
• Docket: 03-26-00173-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00173-CV

Dwayne James Weakley and Beatriz Weakley, Appellants

v.

Michael Schukar, Ellen Schukar, Shaun Siems, Suzanne Siems, Morgan Morita, Lisa Morita, John Hammett, Lee Hammett, Chandy Verghese, Leena Verghese, and Grayson Lee, Appellees

FROM THE 423RD DISTRICT COURT OF BASTROP COUNTY NO. 423-7138, THE HONORABLE CHRISTOPHER DARROW DUGGAN, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on March 20,

2026. On March 20, 2026, we notified appellants that no clerk’s record had been filed due to

their failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s

record. The notice requested that appellants make arrangements for the clerk’s record and

submit a status report regarding this appeal by March 30, 2026. Further, the notice advised

appellants that their failure to comply with this request could result in the dismissal of the appeal

for want of prosecution. To date, appellants have not filed a status report or otherwise responded

to this Court’s notice, and the clerk’s record has not been filed.

If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to

pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed

without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellants have not established

that they are entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because

appellants have failed to pay or make arrangements to pay the clerk’s fee for preparing the

clerk’s record, this appeal is dismissed for want of prosecution.

__________________________________________ Karin Crump, Justice

Before Chief Justice Byrne, Justices Theofanis and Crump

Dismissed for Want of Prosecution

Filed: April 3, 2026