Unreported / Non-Citable
Background
Agustin Trevino, doing business as Trevino Smith Funeral Home, Agustin Trevino individually, and Brazos County Mortuary Services, Inc. appealed a negligence judgment entered against them by the 272nd District Court of Brazos County on March 16, 2026.
The appellants informed the court in June 2026 that the parties had settled and asked the court to take no further action while they completed and signed the settlement documents. They nevertheless failed to pay or arrange payment for the clerk’s record or reporter’s record. On August 6, the appellate clerk directed the parties to provide a settlement-status update by August 17 and warned that failure to respond could result in dismissal for want of prosecution. Neither side responded.
The Court’s Holding
The Texas Tenth Court of Appeals dismissed the appeal for want of prosecution and for failure to comply with the appellate clerk’s directive.
The court relied on Texas Rules of Appellate Procedure 42.3(b) and 42.3(c), which permit dismissal when an appellant fails to prosecute an appeal or comply with a court requirement. The court did not address the merits of the underlying negligence judgment or approve the parties’ settlement.
Key Takeaways
- Reporting a settlement does not relieve an appellant of pending appellate obligations unless the court orders otherwise.
- Appellants must timely arrange payment for the appellate record and respond to court directives.
- The dismissal was procedural and left the merits of the negligence judgment unreviewed.
Why It Matters
The decision underscores that settlement negotiations and document circulation do not automatically suspend an appeal. Counsel must continue monitoring deadlines and responding to the appellate court until the appeal is formally resolved.