What did the court decide?

The appellate court dismissed the appeal because the appellant did not pay required fees, did not arrange payment for the clerk’s record, and did not respond to court notices.

Who is affected by this decision?

The appellant, Johnny Lamonte Phillips, is directly affected because his appeal has been dismissed; the appellee is not required to defend the appeal further in this court.

The dismissal ends this appeal in the Court of Appeals. The appellant may have limited options to reinstate or seek further review, but must act quickly and consult counsel about possible motions or appeals.

Why was the appeal dismissed rather than decided on the merits?

The court dismissed the appeal for procedural noncompliance—failure to pay required fees and failure to respond to notices—not because it evaluated the underlying case.

Can the appellant get the dismissal reversed?

Possibly, but only by timely filing any authorized motions (for example, a motion to reinstate or for extension) or seeking relief under applicable rules; the appellant should consult an attorney immediately to determine available remedies.

Johnny Lamonte Phillips v. Margaret Amanda Phillips

Docket 13-26-00160-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 9, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 13th District
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 13-26-00160-CV

Appeal from the 393rd District Court of Denton County, Texas dismissed for want of prosecution

Summary

The Court of Appeals dismissed Johnny Lamonte Phillips’s appeal for want of prosecution because he failed to pay the required clerk’s record costs and filing fee and did not make payment arrangements or respond to the court’s notices. The clerk’s record was due December 22, 2025, but was not filed. The court notified Phillips in March 2026 about unpaid clerk’s-record costs and earlier instructed him in January and February 2026 to remit a $205 filing fee; he did not comply within the time allowed, so the court dismissed the appeal under its rules.

Issues Decided

Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to pay or arrange payment for the clerk's record
Whether the appeal should be dismissed for failure to pay the required filing fee after notice

Court's Reasoning

The court relied on its appellate rules that permit dismissal when an appellant fails to pay required fees or arrange payment and fails to respond to clerk notices. The clerk’s record was not filed because the appellant did not pay or make arrangements, and the appellant ignored multiple notices demanding payment of costs and a $205 filing fee. Because the appellant did not act within the specified time, dismissal for want of prosecution was warranted.

Authorities Cited

Texas Rules of Appellate ProcedureRules 37.3(b), 42.3(b), 42.3(c)
Texas Government Code§ 73.001 (docket equalization order reference)

Parties

Appellant: Johnny Lamonte Phillips
Appellee: Margaret Amanda Phillips
Judge: Justice Jon West

Key Dates

clerk's record due date: 2025-12-22
notice of unpaid clerk's record costs: 2026-03-03
filing fee instruction (first): 2026-01-12
filing fee instruction (second): 2026-02-04
delinquent filing fee notice: 2026-02-17
opinion delivered and filed: 2026-04-09

What You Should Do Next

1
Consult an attorney immediately
Get legal advice about whether a motion to reinstate, motion for rehearing, or other relief is available and what deadlines apply in this court or higher courts.
2
Verify and pay outstanding fees
If relief is sought, promptly arrange payment of the clerk’s record costs and the $205 filing fee and obtain proof of payment to present with any motion.
3
Prepare and file any required motions quickly
If permitted, file a motion to reinstate or for extension showing good cause or excusable neglect, attaching proof of payment and any other required documentation.

Frequently Asked Questions

What did the court decide?: The appellate court dismissed the appeal because the appellant did not pay required fees, did not arrange payment for the clerk’s record, and did not respond to court notices.
Who is affected by this decision?: The appellant, Johnny Lamonte Phillips, is directly affected because his appeal has been dismissed; the appellee is not required to defend the appeal further in this court.
What happens next?: The dismissal ends this appeal in the Court of Appeals. The appellant may have limited options to reinstate or seek further review, but must act quickly and consult counsel about possible motions or appeals.
Why was the appeal dismissed rather than decided on the merits?: The court dismissed the appeal for procedural noncompliance—failure to pay required fees and failure to respond to notices—not because it evaluated the underlying case.
Can the appellant get the dismissal reversed?: Possibly, but only by timely filing any authorized motions (for example, a motion to reinstate or for extension) or seeking relief under applicable rules; the appellant should consult an attorney immediately to determine available remedies.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

NUMBER 13-26-00160-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG
____________________________________________________________

JOHNNY LAMONTE PHILLIPS, Appellant,

MARGARET AMANDA PHILLIPS, Appellee.
____________________________________________________________

ON APPEAL FROM THE 393RD DISTRICT COURT
OF DENTON COUNTY, TEXAS
____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice West

The cause is before the court on its own motion. 1 The clerk’s record was due to be

filed on or before December 22, 2025. On March 3, 2026, the Clerk of the Court notified

appellant that the deputy district clerk, Jessica Godwin, had notified the Court that

appellant had failed to make arrangements for the payment of the clerk’s record.

1 This case is before the Court on transfer from the Second Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
Appellant was notified that unless he made arrangements to pay for the clerk’s record

and proof of payment was provided to the Court within ten days, the appeal was subject

to dismissal for want of prosecution. See TEX. R. APP. P. 37.3(b). To date, appellant has

failed to respond to the notice, and the Court has not received the clerk’s record.

Furthermore, on January 12, 2026, and on February 4, 2026, the Clerk of the Court

instructed the appellant to remit a $205.00 filing fee. On February 17, 2026, The Clerk of

the Court notified appellant that he was delinquent in remitting a $205.00 filing fee. The

Clerk of the Court notified appellant the appeal was subject to dismissal if the filing fee

was not paid within ten days from the date of the letter. See id. R. 42.3(c).

No clerk’s record has been filed due to appellant’s failure to pay or make payment

arrangements, and appellant has failed to comply with a notice from the Clerk of the Court

requiring a response or other action within the time specified; accordingly, the appeal is

dismissed for want of prosecution. See id. R. 37.3(b), 42.3(b), (c).

JON WEST
Justice

Delivered and filed on the
9th day of April, 2026.