Ray Jackson v. BOKF, NA DBA Bank of Texas
Docket 01-25-01090-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-25-01090-CV
Appeal from the County Civil Court at Law No. 2 in Harris County, Texas, dismissed for want of prosecution
Summary
The Court of Appeals dismissed Ray Jackson's appeal for want of prosecution because Jackson did not establish indigence, did not pay for or arrange payment for the clerk's record, and failed to respond to the court's notice that dismissal was possible. The court invoked the appellate rules permitting dismissal when the clerk's record is not filed due to the appellant's fault and when an appellant fails to prosecute the appeal. All pending motions were dismissed as moot.
Issues Decided
- Whether the appellant established indigence or otherwise arranged payment for the clerk’s record
- Whether the appeal may be dismissed under Texas Rules of Appellate Procedure for failure to file the clerk’s record due to the appellant’s fault
- Whether dismissal is appropriate where the appellant failed to respond to the court's notice and did not prosecute the appeal
Court's Reasoning
The court applied Texas Rules of Appellate Procedure allowing dismissal when an appellant fails to establish indigence or pay for the clerk’s record and fails to respond to a notice that the appeal may be dismissed. Because Jackson neither established indigence nor paid or made arrangements to pay for the clerk’s record and did not respond to the court’s notice, the failure to file the record was attributable to his fault. That failure and lack of response justified dismissal for want of prosecution.
Authorities Cited
- Texas Rules of Appellate Procedure Rule 5
- Texas Rules of Appellate Procedure Rule 20.1
- Texas Rules of Appellate Procedure Rule 37.3(b)
- Texas Rules of Appellate Procedure Rules 42.3(b)–(c)
Parties
- Appellant
- Ray Jackson
- Appellee
- BOKF, NA d/b/a Bank of Texas
- Judge
- Per Curiam (Chief Justice Adams; Justices Guerra and Guiney)
Key Dates
- Opinion issued
- 2026-04-21
What You Should Do Next
- 1
Consult an attorney promptly
Speak with appellate counsel to determine whether there are grounds to seek reinstatement of the appeal or other relief and to assess deadlines for any motion to reinstate.
- 2
Consider motion to reinstate
If there is a good cause (for example, reasonable explanation for failure to pay or respond), prepare and file a motion to reinstate the appeal as permitted by appellate rules, including supporting evidence and affidavit.
- 3
Arrange clerk's record payment if reinstated
If reinstatement is possible, promptly pay for or make arrangements to pay for the clerk's record, or establish indigence under the applicable rule, to avoid dismissal repeating.
Frequently Asked Questions
- What does this decision mean?
- The appellate court ended the appeal because the appellant did not provide or arrange payment for the clerk's record and did not respond to the court's notice, so the appeal cannot proceed.
- Who is affected by the dismissal?
- The appellant, Ray Jackson, is directly affected because his appeal has been dismissed; the appellee, Bank of Texas, is no longer defending the appeal.
- What happens to pending motions?
- The court dismissed any pending motions as moot, meaning they no longer have effect because the appeal was dismissed.
- Can this be appealed further?
- A party may seek further relief only through applicable post-judgment procedures; because this is an appellate dismissal for failure to prosecute, available options are limited and would typically require showing a valid reason to reinstate the appeal.
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
Opinion issued April 21, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-01090-CV
———————————
RAY JACKSON, Appellant
V.
BOKF, NA D/B/A BANK OF TEXAS, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1221766
MEMORANDUM OPINION
Appellant Ray Jackson has not established indigence, and has neither paid for
nor made arrangements to pay for the clerk’s record. See TEX. R. APP. P. 5, 20.1
(indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to
appellant’s fault). Appellant also failed to respond to our notice that his appeal was
subject to dismissal. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal if no
clerk’s record filed due to appellant’s fault), 42.3(b)–(c) (allowing involuntary
dismissal of case).
We dismiss the appeal for want of prosecution. We dismiss any pending
motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
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