Yua Lee v. Lonestar Capital Assets Inc.

Summary

The Fourth Court of Appeals of Texas dismissed Yua Lee’s appeal for want of prosecution after Lee failed to file an appellant’s brief and a required written response. The court relied on Texas Rule of Appellate Procedure 38.8(a)(1) and 42.3(b)–(c).

Holdings

1. When an appellant fails to timely file a required appellate brief and does not comply with an order directing the appellant to file the brief and an explanatory written response, the appeal may be dismissed for want of prosecution.

Questions Presented

1. Whether the appeal should be dismissed for want of prosecution because appellant failed to timely file an appellate brief and failed to comply with the court's order requiring a brief and written response.

Disposition

dismissed