Summary
The Texas Court of Appeals for the Second Appellate District dismissed the appeal for want of prosecution because the appellant failed to file an appellant’s brief or respond to the court’s notice. The court assessed all appellate costs against the appellant. The document states that it was delivered on January 15, 2025, although the procedural dates described in the opinion occur later in 2025.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for want of prosecution because appellant failed to file an appellant's brief and failed to respond to the court's opportunity to explain the failure.
Holdings
- When an appellant fails to file a required brief and does not respond to an opportunity to reasonably explain the failure and request an extension, the appellate 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.”
Factual background
The appellant's brief was due on October 22, 2025, but was not filed as required by the appellate rules. The appellate court notified appellant that dismissal was possible unless he filed the brief and an accompanying motion explaining the untimely filing and need for an extension. Appellant did not respond, and some earlier notices were returned.
Procedural history
The appeal was taken from the 431st District Court of Denton County, Texas, trial court cause number 21-2795-431. After appellant's brief was not filed by the October 22, 2025 deadline, the court notified appellant that the appeal could be dismissed unless he filed the brief and a motion explaining the untimely filing. Appellant filed no response, and the court dismissed the appeal for want of prosecution and assessed all appellate costs against him.