Summary
The Texas Court of Appeals for the Second Appellate District dismissed the appeal for want of prosecution. The appellant failed to file an appellate brief by the deadline and did not respond to the court's notice providing an opportunity to explain the failure and seek an extension.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for want of prosecution after appellant failed to file an appellant's brief and failed to respond to the court's opportunity to explain the default.
Holdings
- When an appellant fails to file a required brief and, after notice, fails to file the brief and a motion reasonably explaining the failure and requesting an extension, the court may dismiss the appeal for want of prosecution.
Key quotations
“Because appellant has failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the appeal for want of prosecution.” (2)
Factual background
The opinion contains no substantive underlying facts concerning the parties' dispute. The material appellate facts are that appellant failed to timely file an appellant's brief, failed to respond to the court's notice, and did not provide an explanation for the failure.
Procedural history
Appellant's brief was due December 8, 2025, but was not filed. On December 23, 2025, the court notified appellant that the appeal could be dismissed unless appellant filed a brief and a motion explaining the untimely filing and need for an extension within ten days. Appellant filed no response, and the court dismissed the appeal for want of prosecution.