Unreported / Non-Citable
Background
The appeal arose from a proceeding in the County Court at Law No. 3 of Hays County concerning the Estate of Janice Kay Vega. The Texas Supreme Court transferred the case from the Third Court of Appeals to the Thirteenth Court of Appeals under a docket-equalization order.
The appellate court previously abated the appeal and remanded for findings concerning the appellant’s indigence, entitlement to a reporter’s record at no cost, and possible omissions from the clerk’s record. The trial court found no omissions in the clerk’s record and determined that the appellant was indigent and entitled to a free reporter’s record. In that record, however, the appellant repeatedly indicated that he would drop the appeal because the case was going to resolve as he wanted.
The Court’s Holding
The Thirteenth Court of Appeals dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b) and (c). After reviewing the appellant’s statements, the court clerk directed him to file either a formal motion to dismiss or a notice that he wished to continue the appeal and warned that failure to respond would result in dismissal.
The appellant did not respond or take the required action within the specified time. The court therefore dismissed the appeal for want of prosecution and dismissed all pending motions as moot.
Key Takeaways
- An appellate court may dismiss an appeal for want of prosecution when an appellant fails to respond to a clerk’s directive requiring action within a specified time.
- An appellant’s informal statement that he intends to drop an appeal may prompt the court to require either a formal dismissal motion or confirmation that the appeal will proceed.
- The dismissal rendered all pending motions moot.
Why It Matters
The decision underscores that appellants must comply with appellate notices even when they have informally expressed an intention to abandon an appeal. Failure to provide the requested filing or otherwise communicate an intent to proceed can result in dismissal for want of prosecution.