Unreported / Non-Citable
Background
Rachel Foreman appealed from a case in Fort Bend County Court at Law No. 2 involving Texas Independence Plaza LLC.
Foreman did not file an appellate brief. On June 30, 2026, the First Court of Appeals notified her that the appeal might be dismissed unless she filed either a brief or a motion for an extension within 10 days. She filed neither a response nor a brief.
The Court’s Holding
The court dismissed Foreman’s appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3.
Because the appeal was dismissed, the court also dismissed all pending motions as moot. The memorandum opinion was issued per curiam.
Key Takeaways
- An appellant’s failure to file a brief can result in dismissal for want of prosecution.
- The court provided notice and a 10-day opportunity to file a brief or request additional time before dismissing the appeal.
- Dismissal of the appeal rendered all pending motions moot.
Why It Matters
The decision underscores that appellants must comply with briefing deadlines and respond promptly to dismissal warnings. Failure to do so may end an appeal without review of its merits.