Unreported / Non-Citable
Background
LaTonya Anthony appealed from a case in Denton County Court at Law No. 2 involving Jacqueline Martin, also known as Jackie Martin. Anthony’s appellate brief was due July 6, 2026, but she did not file it by that deadline.
On July 17, 2026, the court notified Anthony that the brief had not been filed as required by the Texas Rules of Appellate Procedure. The court warned that it could dismiss the appeal for want of prosecution unless, within ten days, she submitted both the brief and a motion reasonably explaining the delay and the need for an extension. Anthony did not respond.
The Court’s Holding
The court dismissed the appeal for want of prosecution. It held that dismissal was appropriate because Anthony failed to file an appellate brief even after receiving notice and an opportunity to explain and correct the omission.
The court relied on Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), and 43.2(f). Because dismissal disposed of the appeal, the court denied Martin’s renewed motion to dismiss for want of prosecution as moot.
Key Takeaways
- An appellant’s failure to timely file a brief may result in dismissal for want of prosecution.
- The court gave Anthony notice and an opportunity to cure the failure before dismissing the appeal.
- The appellee’s renewed dismissal motion became moot once the court dismissed the appeal on its own disposition.
Why It Matters
The decision underscores that appellate briefing deadlines are enforceable and that ignoring a court’s cure notice can end an appeal without review of its merits. Appellants who miss a deadline should promptly file the required brief and a motion reasonably explaining the delay and need for an extension.