Jackie R. Cannon v. Kayleigh A. McClellan

• Court: Texas Court of Appeals, 9th District (Beaumont)
• Decided: May 28, 2026
• Docket: 09-26-00035-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-26-00035-CV __________________

JACKIE R. CANNON, Appellant

V.

KAYLEIGH A. MCCLELLAN, Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 25-01-00204 __________________________________________________________________

MEMORANDUM OPINION

On January 23, 2026, Jackie R. Cannon filed a notice of restricted appeal from

a final judgment signed on July 23, 2025. On February 23, 2026, the District Clerk

notified the Court that Appellant had failed to pay or to make the arrangements

necessary for the District Clerk to prepare the clerk’s record. We notified the parties

that Appellant had not established indigent status, and that the clerk’s record had not

been filed due to Appellant’s failure to pay or to arrange to pay the fee required to

1 prepare the clerk’s record. We warned Appellant that the appeal would be dismissed

for want of prosecution unless Appellant established that she had made the

arrangements required to pay the fee or that she needed more time to do so. See Tex.

R. App. P. 37.3(b). After the Clerk of this Court sent the parties a letter warning of

the consequences of a failure to take the action necessary to file the clerk’s record,

the Court did not receive a response. On May 12, 2026, the District Clerk notified

the Court that Appellant still has not paid for the record.

Appellant has not explained why she has not paid the fee for the clerk’s record;

therefore, we dismiss the appeal for want of prosecution. Id. 42.3(b), (c), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 27, 2026 Opinion Delivered May 28, 2026

Before Golemon, C.J., Johnson and Wright, JJ.