Unreported / Non-Citable
Background
Lynn F. Thompson appealed to the Texas Thirteenth Court of Appeals from the 20th District Court of Milam County, Texas. David Bruce Perry was the appellee. The memorandum opinion identifies the case as Number 13-26-00310-CV and states that it was before Chief Justice Tijerina and Justices Cron and Fonseca, with Justice Cron writing the opinion.
The appeal came before the Thirteenth Court on transfer from the Third Court of Appeals under a docket-equalization order issued by the Supreme Court of Texas. The court cited Texas Government Code sections 22.220(a) and 73.001 in connection with appellate jurisdiction and the supreme court’s authority to transfer cases between courts of appeals for “good cause.” The opinion does not describe the underlying dispute between Thompson and Perry, the trial court’s judgment, or the issues Thompson intended to raise on appeal.
The procedural issue before the court was Thompson’s failure to file an appellant’s brief. According to the opinion, the clerk’s record was filed on July 31, 2026. On that date, the Clerk of the Court notified Thompson that the briefing time schedule had begun, citing Texas Rule of Appellate Procedure 38.6.
The Court’s Holding
On September 16, 2026, the Clerk of the Court notified Thompson that his brief was past due. The clerk also advised him that the appeal was subject to dismissal for want of prosecution unless, within ten days, he provided a reasonable explanation for his failure to timely file a brief. The opinion cites Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c) in connection with that notice and the potential dismissal.
The court stated that Thompson failed to file a brief and did not otherwise respond to the clerk’s notices. On that procedural record, the court dismissed the appeal for want of prosecution. It again cited Rules 38.8(a)(1) and 42.3(b) and (c). The opinion was delivered and filed on November 5, 2026.
The disposition addressed the prosecution of Thompson’s appeal, not the merits of the underlying controversy. The court did not evaluate any substantive appellate issue, make findings about the trial court proceedings, or announce a generally applicable rule beyond applying the cited briefing and dismissal provisions to the circumstances described in the opinion.
Key Takeaways
- The Thirteenth Court of Appeals dismissed Lynn F. Thompson’s appeal for want of prosecution because he did not file a brief or otherwise respond to the clerk’s notices.
- The clerk’s record was filed July 31, 2026, and the clerk notified Thompson that the briefing schedule had begun.
- A September 16, 2026 notice stated that the brief was past due and warned that dismissal could follow unless Thompson supplied a reasonable explanation within ten days.
- The court relied on Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c); the opinion contains no merits analysis of the underlying case.
Why It Matters
The opinion documents the procedural steps preceding dismissal: the filing of the clerk’s record, notice that briefing had begun, a past-due notice, and an opportunity to explain the delay. It illustrates the consequence stated in the cited appellate rules when an appellant neither files the required brief nor responds to the court’s notices.
Because the dismissal rested solely on failure to prosecute the appeal, the decision should not be characterized as a ruling for either party on the merits. The public memorandum opinion supplies no additional reasoning about the underlying dispute and no substantive legal analysis beyond the procedural grounds for dismissal.