In the Matter of the Marriage of Jessica Lyons and Tyler Hernandez and in the Interest of V.R.E.H., a Child v. the State of Texas
Docket 07-26-00093-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 7th District (Amarillo)
- Type
- Lead Opinion
- Case type
- Family
- Disposition
- Dismissed
- Docket
- 07-26-00093-CV
Appeal from a Final Decree of Divorce in County Court at Law No. 3, Lubbock County
Summary
The Seventh District Court of Appeals dismissed Tyler Hernandez's appeal from a trial court's Final Decree of Divorce for want of prosecution. The clerk's record was due but not filed because Hernandez failed to arrange payment; the court directed him to pay by a deadline and warned the appeal would be dismissed if he did not. He failed to comply or to elect filing an appendix instead, so the appellate court dismissed the appeal under the appellate rules permitting dismissal for failure to prosecute.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution due to failure to file the clerk's record
- Whether the appellant's failure to arrange payment or elect to file an appendix warranted dismissal under the Texas Rules of Appellate Procedure
Court's Reasoning
The court relied on the appellate rules that authorize dismissal when an appellant fails to prosecute an appeal, including failure to file the clerk's record. The clerk's record was not filed because the appellant did not make required payment arrangements, and the appellant did not respond to the court's deadline or elect an alternative filing. Those failures justified dismissal under Texas Rules of Appellate Procedure 35.3(a)(2), 37.3(b), and 42.3(b).
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 35.3(a)(2), 37.3(b), 42.3(b)
- Texas Rules of Appellate Procedure (appendix option)TEX. R. APP. P. 34.5(a)
Parties
- Appellant
- Tyler Hernandez
- Appellee
- Jessica Lyons
- Judge
- Benjamin A. Webb
Key Dates
- Opinion date
- 2026-04-13
- Clerk's record due date
- 2026-03-19
- Court's payment deadline
- 2026-03-30
What You Should Do Next
- 1
Consult an appellate attorney immediately
An attorney can advise whether a motion for reinstatement or other relief is possible and can prepare any required filings showing good cause for the missed deadlines.
- 2
If eligible, file a motion to reinstate or for relief
Prepare a motion explaining the reasons for the failure to pay or file, provide supporting evidence, and request the court to reinstate the appeal under the applicable rules.
- 3
Arrange payment and prepare the clerk's record or an appendix
If relief is granted, promptly make payment arrangements for the clerk's record or elect to file an appendix under Rule 34.5(a) to avoid further procedural dismissal.
Frequently Asked Questions
- What does this dismissal mean?
- The appellate court ended the appeal because the appellant did not take required steps to file the clerk's record or arrange payment, so the appeal will not proceed unless reopened by further court action.
- Who is affected by this decision?
- Primarily the appellant, Tyler Hernandez, whose appeal is dismissed; the trial court's Final Decree of Divorce remains in effect unless later changed by a reinstated appeal or other proceedings.
- Can the appellant fix this and continue the appeal?
- Possibly, but reinstating an appeal after dismissal typically requires filing a motion showing good cause and seeking relief under the appellate rules; timely action and legal counsel improve chances.
- What were the legal grounds for dismissal?
- The court dismissed the appeal under Texas appellate rules that allow dismissal for want of prosecution when an appellant fails to file the clerk's record and does not comply with court directives or elect an alternative filing.
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
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00093-CV
IN THE MATTER OF THE MARRIAGE OF JESSICA LYONS AND
TYLER HERNANDEZ AND IN THE INTEREST OF V.R.E.H., A CHILD
On Appeal from the County Court at Law No. 3
Lubbock County, Texas
Trial Court No. DC-2023-FM-1739, Honorable Benjamin A. Webb, Presiding
April 13, 2026
MEMORANDUM OPINION
Before DOSS and YARBROUGH and PRATT, JJ.
Appellant, Tyler Hernandez, appeals from the trial court’s Final Decree of Divorce.
The clerk’s record was due March 19, 2026, but was not filed due to Appellant’s failure to
make payment arrangements for the record. See TEX. R. APP. P. 35.3(a)(2). By letter
that day, we directed Appellant to pay for the clerk’s record by March 30, 2026, or the
appeal would be subject to dismissal for want of prosecution. See TEX. R. APP. P. 37.3(b).
To date, Appellant has 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
2