Kimber Dunkelberg, Individually and as Trustee of the Dunkelberg Living Trust; And William Dunkelberg, Individually and as Trustee of the Dunkelberg Living Trust v. Mattie Ann Chandler

• Court: Texas Court of Appeals, 7th District (Amarillo)
• Decided: March 24, 2026
• Docket: 07-26-00135-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-26-00135-CV

KIMBER DUNKELBERG, INDIVIDUALLY AND AS TRUSTEE OF THE DUNKELBERG LIVING TRUST; AND WILLIAM DUNKELBERG, INDIVIDUALLY AND AS TRUSTEE OF THE DUNKELBERG LIVING TRUST, APPELLANTS

V.

MATTIE ANN CHANDLER, APPELLEE

On Appeal from the 97th District Court Clay County, Texas Trial Court No. 24-039-DCCV-0086, Honorable Trish C. Byars, Presiding

March 24, 2026 MEMORANDUM OPINION Before PARKER, C.J. and DOSS and YARBROUGH, JJ.

Appellants, Kimber Dunkelberg, Individually and as Trustee of the Dunkelberg

Living Trust; and William Dunkelberg, Individually and as Trustee of the Dunkelberg Living

Trust, appeal from the trial court’s Order Granting Plaintiff’s Motion to Sever and Order

Granting Plaintiff’s Partial Traditional Motion for Summary Judgment Regarding Trespass to Try Title. 1 The clerk’s record was due February 23, 2026, but was not filed due to

Appellants’ failure to make payment arrangements for the record. See TEX. R. APP. P.

35.3(a)(2). By letter of March 5, 2026, we directed Appellants to pay for the clerk’s record

by March 16, 2026, or the appeal would be subject to dismissal for want of prosecution.

See TEX. R. APP. P. 37.3(b). To date, Appellants have not made payment arrangements

for the clerk’s record, filed a response addressing the omission, or submitted a notice

electing to file an appendix in lieu of a clerk’s record pursuant to Rule of Appellate

Procedure 34.5a.

Consequently, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.

37.3(b), 42.3(b).

Per Curiam

1 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by

the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE § 73.001.