Trey W. Fricks v. Robert Shaw and Richard Shaw

Summary

The Thirteenth Court of Appeals of Texas dismissed Trey W. Fricks’s pro se appeal from a final summary judgment awarding title to land in favor of Robert Shaw and Richard Shaw. The court dismissed the appeal for want of prosecution and for failure to correct defects in the notice of appeal or comply with the court’s directives.

Holdings

1. The court may dismiss an appeal when the appellant fails to comply with a requirement of the appellate rules, a court order, or a clerk notice requiring a response or other action within a specified time.
2. Liberal construction of the Texas Rules of Appellate Procedure does not require preservation of an appeal when the appellant fails to comply with repeated court directives and specified deadlines.

Questions Presented

1. Whether the court of appeals could dismiss the appeal when the appellant failed to cure defects in his notice of appeal after receiving court notices, directives, and an opportunity to respond.
2. Whether the appeal should be dismissed for want of prosecution and failure to comply with the Texas Rules of Appellate Procedure and the court's directives.

Disposition

dismissed