Unreported / Non-Citable
Background
Olimpia Joali Herrera appealed from a proceeding in the 73rd Judicial District Court of Bexar County, where Judge Elizabeth Martinez presided. Her appellate brief was originally due on April 29, 2026.
Herrera neither filed the brief nor requested an extension. On June 16, 2026, the Fourth Court of Appeals ordered her to file a brief and to explain in writing by June 26, 2026, why the appeal should not be dismissed for want of prosecution. She did not respond to the order and had not filed a brief by the time the court decided the matter.
The Court’s Holding
The court dismissed Herrera’s appeal for want of prosecution. It concluded that dismissal was warranted because she failed to file her appellate brief by the deadline and did not comply with the court’s subsequent show-cause order.
The per curiam memorandum opinion relied on Texas Rules of Appellate Procedure 38.8(a) and 42.3(b), which permit dismissal when an appellant fails to timely file a brief or prosecute an appeal.
Key Takeaways
- An appellant’s failure to timely file a brief can result in dismissal for want of prosecution.
- Herrera did not request an extension, respond to the show-cause order, or submit the overdue brief.
- The court dismissed the appeal without addressing the merits of the underlying dispute.
Why It Matters
The decision underscores that appellate deadlines and court orders carry dispositive consequences. Even without reaching the merits, a Texas appellate court may terminate an appeal when the appellant does not file the required brief or respond to an opportunity to explain the delay.