Unreported / Non-Citable
Background
Theresa Martin appealed from a judgment for possession of real property entered in Brazos County Court at Law No. 1.
On August 18, 2026, the appellate clerk notified Martin that she was required to submit a docketing statement by August 28. After the court did not receive it, the clerk sent another letter warning that the appeal could be dismissed without further notice unless Martin filed the statement by September 14.
The Court’s Holding
The Texas Tenth Court of Appeals dismissed Martin’s appeal for want of prosecution and failure to comply with the clerk’s directive. As of the opinion date, the court had received neither the required docketing statement nor a request for additional time to file it.
The court relied on Texas Rules of Appellate Procedure 32.1 and 42.3(b) and (c). It did not address the merits of the underlying possession judgment.
Key Takeaways
- An appellant must file the docketing statement required by Texas Rule of Appellate Procedure 32.1.
- Failure to comply with a clerk’s filing directive after warning may result in dismissal for want of prosecution.
- Martin neither filed the statement by the extended deadline nor requested an extension.
Why It Matters
The decision underscores that failure to satisfy basic appellate filing requirements can end an appeal before the court considers its merits. Appellants should respond promptly to deficiency notices or seek additional time when compliance by the stated deadline is not possible.