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Turner v. Thomas — Appeal dismissed after Turner failed to file a required docketing statement

Unreported / Non-Citable

Case
Laura Turner v. Chris Thomas
Court
Texas Tenth Court of Appeals
Judge
Chief Justice Johnson; Justice Smith; Justice Harris
Date Decided
September 30, 2026
Docket No.
10-26-00339-CV
Topics
Appellate Procedure; Want of Prosecution; Docketing Statement
Source
Read the full opinion

Background

Laura Turner appealed from a judgment for possession of real property entered by the County Court at Law No. 2 of Johnson County. The memorandum opinion does not identify who received possession under that judgment.

On August 17, 2026, the appellate clerk notified Turner that she was required to file a docketing statement by August 27 under Texas Rule of Appellate Procedure 32.1. After Turner failed to submit it, the clerk sent another letter warning that the appeal could be dismissed without further notice unless the statement was filed by September 14.

By the date of the opinion, the court had received neither the docketing statement nor a request for an extension of time.

The Court’s Holding

The Texas Tenth Court of Appeals dismissed Turner’s appeal for want of prosecution and failure to comply with the appellate clerk’s directive.

The court relied on Texas Rules of Appellate Procedure 32.1 and 42.3(b) and (c), which address the required docketing statement and authorize dismissal for want of prosecution or failure to comply with a court requirement or clerk’s notice.

Key Takeaways

  • An appellant must timely file the docketing statement required by Texas Rule of Appellate Procedure 32.1.
  • Failure to respond after the clerk issues a dismissal warning may result in dismissal for want of prosecution and noncompliance.
  • Turner neither filed the required statement nor requested additional time before the court dismissed the appeal.

Why It Matters

The decision illustrates that failure to satisfy a basic appellate filing requirement can end an appeal before the court addresses its merits. Appellants who cannot meet a clerk-imposed deadline should timely seek an extension rather than leave the directive unanswered.

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