Unreported / Non-Citable
Background
Charlie Jones appealed a ruling from the County Civil Court at Law No. 2 in Harris County, Texas (Trial Court Case No. 1250067) against North Houston Motors Inc. Jones’s appellant brief was due on April 16, 2025, but was never filed.
Over a year after the brief’s due date, on May 4, 2026, the First Court of Appeals issued a notice warning that the appeal would be dismissed unless Jones filed either a brief or a motion for extension of time within ten days. Jones did not respond to that notice.
The Court’s Holding
The per curiam panel — consisting of Justices Guerra, Gunn, and Morgan — dismissed the appeal for want of prosecution pursuant to Texas Rule of Appellate Procedure 42.3. All pending motions were dismissed as moot.
The court took no action on the merits of the underlying dispute, as the dismissal was purely procedural, triggered by the appellant’s failure to file a brief or otherwise respond to the court’s notice.
Key Takeaways
- An appellant’s failure to file a brief by the due date, and failure to respond to a court’s show-cause notice, will result in dismissal of the appeal for want of prosecution under Tex. R. App. P. 42.3.
- The court gave Jones a second opportunity — a 10-day window after the May 4, 2026 notice — before dismissing, underscoring that Texas appellate courts provide notice before imposing this sanction.
- The dismissal leaves the trial court’s judgment against Jones in place, as no merits review occurred.
Why It Matters
This short memorandum opinion is a routine but important reminder that Texas appellate deadlines are strictly enforced. Counsel must calendar briefing deadlines and promptly seek extensions when necessary; silence in response to a court’s dismissal notice is treated as abandonment of the appeal.
For practitioners, the case illustrates that even after a significant delay, the First Court of Appeals will issue a warning notice before dismissing — but that notice represents a final opportunity to act, not an invitation to further inaction.