Unreported / Non-Citable
Background
Victoria Curl appealed a decision from the 27th District Court of Bell County. Under the Texas Rules of Appellate Procedure, her appellate brief was due on April 20, 2026. When the brief was not filed, the Texas Court of Appeals, Third District issued a notice on June 9, 2026, warning appellant’s counsel that failure to file a satisfactory response by June 19, 2026, would trigger referral to the trial court for a hearing under Rule 38.8(b).
No response or brief was received by the June 19 deadline. This procedural default, combined with the apparent abandonment of the appeal by counsel, triggered the appellate court’s obligation to intervene.
The Court’s Holding
The Court abated the appeal and remanded the case to the trial court for a hearing to determine whether the appellant desires to continue prosecuting the appeal and whether her counsel has abandoned it. The trial court was directed to make appropriate written findings and recommendations regarding these issues.
If the trial court determines that counsel has inadequately represented the appellant, the trial court is authorized to appoint substitute counsel to effectively represent her in the appeal. The hearing must be transcribed to create a complete record for appellate review.
The trial court was ordered to prepare and forward supplemental clerk’s and reporter’s records—including all findings and orders from the hearing—to the appellate court by July 10, 2026.
Key Takeaways
- Appellate briefs are subject to strict filing deadlines; failure to file can result in loss of appellate rights unless the court intervenes
- Texas courts provide notice and opportunity to cure procedural defaults before dismissing appeals
- When counsel abandons an appeal, trial courts can appoint substitute counsel to ensure the appellant’s right to appeal is preserved
- Appellants should monitor their appeals and verify that counsel is actively pursuing them
Why It Matters
This order exemplifies the procedural safeguards Texas courts employ to prevent appellants from losing their right to appeal due to attorney abandonment. Rule 38.8(b) protects appellants by requiring courts to investigate failures to file briefs and to appoint substitute counsel if necessary. This prevents appellants from being left without representation through no fault of their own.
For practitioners, this case underscores that appellate courts rigorously enforce filing deadlines and that counsel’s failure to file timely briefs triggers judicial scrutiny and potential malpractice liability. For appellants, it demonstrates the importance of actively monitoring one’s appeal and ensuring counsel is fulfilling its obligations to the court.