Summary
The Sixth Court of Appeals of Texas at Texarkana dismissed Isaac Mills III’s appeal for want of prosecution after he failed to file an appellate brief or respond to the court’s notice of the overdue brief. The dismissal was based on Texas Rules of Appellate Procedure 38.8 and 42.3.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for want of prosecution when the appellant fails to file an appellate brief and does not respond to the court's notice and warning.
Holdings
- An appeal may be dismissed for want of prosecution under Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b), (c), where the appellant fails to file an appellate brief and does not respond to the court's notice and warning.
Key quotations
“Because we received no response to our letter of February 13, 2026, Appellant’s appeal is ripe for dismissal for want of prosecution.” (at 2)
“Consequently, pursuant to Rules 38.8 and 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.” (at 2)
Factual background
The opinion concerns an appeal by Isaac Mills III and other occupants from a Denton County forcible-entry-and-detainer proceeding. Mills filed a timely notice of appeal, but after the clerk's record was filed he failed to file the required appellate brief. He also failed to respond to the appellate court's notice and warning that the appeal could be dismissed.
Procedural history
Mills filed a timely notice of appeal on September 24, 2025. After the clerk's record was filed, his brief was due January 29, 2026. The court notified him that the brief was late and warned that failure to file it by March 2, 2026, could result in dismissal. Mills neither responded nor filed a brief, so the court dismissed the appeal for want of prosecution.