What does this decision mean?

The appellate court ended the appeal because the appellant failed to provide the required clerk's record or evidence of payment after being given notice and an extension.

Who is affected by this dismissal?

The appellant, With Strength We Lead 2018, LLC, is affected because their appeal has been dismissed; the appellee's position is preserved from further appellate consideration on this record.

What happens next procedurally?

The dismissal concludes this appeal at the appellate level unless the appellant successfully seeks reinstatement or files a permissible post-dismissal motion.

Can this be appealed further?

The appellant may seek reinstatement or other relief from the appellate court, and in limited circumstances may seek review by a higher court, but options depend on timing and compliance with procedural rules.

With Strength We Lead 2018, LLC v. Charles Nitsche

Docket 15-26-00016-CV

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

CivilDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 15th District
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 15-26-00016-CV

Appeal from a civil case in the 423rd District Court of Bastrop County, Texas, dismissed for want of prosecution

Summary

The Fifteenth Court of Appeals dismissed an appeal filed by With Strength We Lead 2018, LLC for want of prosecution because the appellant failed to file or pay for the clerk's record. The court notified appellant of intent to dismiss and granted a 30-day extension to arrange payment and file the record, warning that failure to do so by April 2, 2026 would result in dismissal. Because no clerk's record was filed and no proof of payment was shown, the court dismissed the appeal.

Issue Decided

Whether the appeal should be dismissed for want of prosecution when the appellant failed to file or pay for the clerk's record after notice and an extension.

Court's Reasoning

Texas appellate rules allow dismissal for want of prosecution when a clerk's record is not filed and the appellant fails to arrange payment after notice. The court gave notice and an extension, warned that failure to comply by the deadline would result in dismissal, and the appellant still did not file the record or show proof of payment. These procedural failures justified dismissal under the applicable rules.

Authorities Cited

Texas Rules of Appellate ProcedureTex. R. App. P. 37.3(b)

Parties

Appellant: With Strength We Lead 2018, LLC
Appellee: Charles Nitsche
Judge: Chief Justice Brister
Judge: Justice Field
Judge: Justice Farris

Key Dates

Notice of appeal filed: 2025-12-29
Clerk notified lack of designation or payment: 2026-02-18
Deadline to provide proof of payment (initial): 2026-03-02
Extended deadline for clerk's record: 2026-04-02
Memorandum opinion filed / appeal dismissed: 2026-04-16

What You Should Do Next

1
Consider motion to reinstate
If timely, the appellant should consult counsel about filing a motion to reinstate the appeal explaining the failure to provide the record and showing diligent steps taken, including any proof of payment.
2
Verify procedural deadlines
Confirm applicable deadlines for filing a motion for reinstatement or other post-dismissal relief under Texas appellate rules to avoid forfeiting remedies.
3
Consult appellate counsel
Engage an appellate attorney immediately to evaluate grounds for relief, prepare any required filings, and ensure compliance with filing and payment procedures moving forward.

Frequently Asked Questions

What does this decision mean?: The appellate court ended the appeal because the appellant failed to provide the required clerk's record or evidence of payment after being given notice and an extension.
Who is affected by this dismissal?: The appellant, With Strength We Lead 2018, LLC, is affected because their appeal has been dismissed; the appellee's position is preserved from further appellate consideration on this record.
What happens next procedurally?: The dismissal concludes this appeal at the appellate level unless the appellant successfully seeks reinstatement or files a permissible post-dismissal motion.
Can this be appealed further?: The appellant may seek reinstatement or other relief from the appellate court, and in limited circumstances may seek review by a higher court, but options depend on timing and compliance with procedural rules.

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

Appeal Dismissed and Memorandum Opinion filed April 16, 2026.




                                      In The

                   Fifteenth Court of Appeals

                              NO. 15-26-00016-CV


            WITH STRENGTH WE LEAD 2018, LLC, Appellant

                                        V.

                        CHARLES NITSCHE, Appellee

                   On Appeal from the 423rd District Court
                           Bastrop County, Texas
                      Trial Court Cause No. 423-10487


                         MEMORANDUM OPINION

      The notice of appeal in this case was filed on December 29, 2025. No
clerk’s record has been filed. The clerk responsible for preparing the record
notified this Court that as of February 18, 2026, the appellant had not filed a
designation of clerk’s record or made arrangements to pay for the record.

      That same day, notice was sent to appellant of the Court’s intention to
dismiss the appeal for want of prosecution unless appellant paid or made
arrangements to pay for the record and provided this Court with proof of payment
by March 2, 2026. See Tex. R. App. P. 37.3(b). Appellant then filed a motion for
extension of time, requesting an additional 30 days to request and make
arrangements to pay for the clerk’s record. This Court granted the motion and
notified appellant that if the clerk’s record is not filed by April 2, 2026, the appeal
was subject to dismissal for want of prosecution without further notice. Id.

      The clerk’s record has not been filed and appellant has not demonstrated
proof of payment for the record. Accordingly, we dismiss the appeal.



                                                     PER CURIAM

Panel consists of Chief Justice Brister and Justices Field and Farris.




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