Unreported / Non-Citable
Background
DeJanee Holloway appealed a judgment from the 426th District Court of Bell County, Texas, presided over by Judge Steven J. Duskie, in a family law matter. The appeal was docketed in the Texas Court of Appeals, Third District, at Austin.
Holloway’s opening brief was due May 26, 2026. When no brief was filed, the court issued a notice on June 9, 2026, warning that failure to file a satisfactory response by June 19, 2026, would result in dismissal for want of prosecution. Holloway neither filed a brief nor sought an extension of time before the deadline passed.
The Court’s Holding
The Third Court of Appeals, per Chief Justice Darlene Byrne, dismissed the appeal for want of prosecution pursuant to Texas Rule of Appellate Procedure 42.3(b). Because Holloway failed to file her opening brief or any motion for extension of time after receiving the court’s delinquency notice, the court exercised its authority to terminate the appeal.
The dismissal was unanimous, with Chief Justice Byrne and Justices Theofanis and Crump concurring in the disposition.
Key Takeaways
- An appellant’s failure to file an opening brief by the due date, without seeking an extension, exposes the appeal to dismissal for want of prosecution under Tex. R. App. P. 42.3(b).
- Texas appellate courts will issue a cure notice before dismissing, but if the appellant does not respond within the stated deadline, dismissal follows as a matter of course.
- Neither the underlying merits nor the nature of the trial-court judgment were reached; the case was terminated solely on procedural grounds.
Why It Matters
This short memorandum opinion is a straightforward application of Texas appellate procedure, but it serves as a practical reminder for family law practitioners: missing a briefing deadline without promptly seeking an extension can forfeit a client’s right to appellate review entirely, regardless of the merits of the underlying claim.
Counsel representing appellants should calendar briefing deadlines carefully and move for extensions before deadlines lapse. Once a court issues a show-cause or delinquency notice, the window to preserve the appeal is narrow and strictly enforced.