Summary
The First Court of Appeals of Texas dismissed Jacquoria Jack’s pro se appeal for want of prosecution. The court had struck her noncompliant appellate brief, ordered her to file a corrected brief, and dismissed the appeal after she failed to timely do so.
Holdings
- When an appellant fails to timely file a corrected brief after the appellate court strikes a noncompliant brief, orders a compliant brief, and provides notice that noncompliance may result in dismissal, the court may dismiss the appeal for want of prosecution.
- Pending motions associated with an appeal dismissed for want of prosecution are dismissed as moot.
Questions Presented
- Whether the appeal should be dismissed for want of prosecution after the appellant failed to timely file a corrected brief following an order striking the original noncompliant brief.
Disposition
dismissed
Cases Cited (6)
- Tucker v. Fort Worth & W. R.R. Co., No. 02-19-00221-CV, 2020 WL 3969586, at *1 (Tex. App.—Fort Worth June 18, 2020, pet. denied) (mem. op.)(followed)
- Tyurin v. Hirsch & Westheimer, P.C., No. 01-17-00014-CV, 2017 WL 4682191, at *1–2 (Tex. App.—Houston [1st Dist.] Oct. 19, 2017, no pet.) (mem. op.)(followed)
- Bennett v. Jenkins, No. 01-21-00557-CV, 2022 WL 3268531, at *1–2 (Tex. App.—Houston [1st Dist.] Aug. 11, 2022, no pet.) (mem. op.)(followed)
- Orozco v. Reserve at Pecan Valley Apartments, No. 04-21-00447-CV, 2022 WL 848363, at *1 (Tex. App.—San Antonio Mar. 23, 2022, no pet.)(followed)
- In re W.A.F., No. 04-19-00723-CV, 2020 WL 5913842, at *1 (Tex. App.—San Antonio Oct. 7, 2020, no pet.) (mem. op.)(followed)
- Averett v. Huffman Indep. Sch. Dist., No. 01-19-00482-CV, 2020 WL 717543, at *1 (Tex. App.—Houston [1st Dist.] Feb. 13, 2020, no pet.) (mem. op.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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