Unreported / Non-Citable
Background
Jessica LeAnn Hurd, proceeding pro se, appealed from a case involving David Simpson, CRNA, in the 236th District Court of Tarrant County, Texas. Her appellate brief was due July 1, 2026, but she did not file it by that deadline.
On July 15, 2026, the court notified Hurd that her brief had not been filed as required by the Texas Rules of Appellate Procedure. The court warned that it could dismiss the appeal for want of prosecution unless, within ten days, she filed both the brief and a motion reasonably explaining the delay and the need for an extension. Hurd did not respond.
The Court’s Holding
The Texas Second Court of Appeals dismissed Hurd’s appeal for want of prosecution. The court held that dismissal was warranted because she failed to file an appellate brief and did not respond after receiving an opportunity to explain and cure that failure.
The per curiam memorandum opinion relied on Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), and 43.2(f), which authorize dismissal when an appellant fails to prosecute an appeal by filing the required brief.
Key Takeaways
- An appellant’s failure to file a required brief may result in dismissal for want of prosecution.
- The court gave the pro se appellant notice and an opportunity to file the brief and explain the delay before dismissing the appeal.
- Self-representation did not excuse compliance with appellate filing requirements.
Why It Matters
The decision underscores that missing an appellate briefing deadline can end an appeal without review of the underlying merits. When a court issues a notice offering an opportunity to cure the default, the appellant must respond promptly with the required filing and a reasonable explanation.