Dunkelberg v. Chandler - Appeal Dismissed for Failure to Pay Clerk's Record
Summary
The Texas Court of Appeals, 7th District, has dismissed the appeal in Dunkelberg v. Chandler due to the appellants' failure to pay for the clerk's record. The court had previously warned the appellants that non-payment by March 16, 2026, would result in dismissal.
What changed
The Texas Court of Appeals, 7th District, has dismissed the appeal in the case of Kimber Dunkelberg, et al. v. Mattie Ann Chandler. The dismissal, dated March 24, 2026, is for want of prosecution, stemming from the appellants' failure to arrange payment for the clerk's record. The court had issued a directive on March 5, 2026, requiring payment by March 16, 2026, and warned that failure to comply would lead to dismissal.
This action means the appeal is no longer proceeding. Legal professionals involved in similar cases should ensure timely payment for court records to avoid dismissal. The specific rules cited for dismissal are TEX. R. APP. P. 37.3(b) and 42.3(b). No specific compliance deadline is mentioned beyond the payment deadline that has already passed.
What to do next
- Ensure timely payment for clerk's records in appeals to avoid dismissal.
Source document (simplified)
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March 24, 2026 Get Citation Alerts Download PDF Add Note
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
Texas Court of Appeals, 7th District (Amarillo)
- Citations: None known
- Docket Number: 07-26-00135-CV
- Nature of Suit: Miscellaneous/other civil
Disposition: Dismissed
Disposition
Dismissed
Lead 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.
2
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