Dwight Jones v. Elier Peraza by Its Agent Specialized Property Management Inc.

Summary

The Fifth District Court of Appeals at Dallas dismissed Dwight Jones’s appeal because he failed to timely file his appellant’s brief after being given notice and an opportunity to do so. The court relied on Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b), (c).

Holdings

1. An appeal may be dismissed when the appellant fails to timely file the required brief after the appellate court provides notice and an opportunity to cure the failure.

Questions Presented

1. Whether the appeal should be dismissed when appellant fails to timely file an appellate brief after receiving notice and an opportunity to cure the omission.

Disposition

dismissed