Unreported / Non-Citable
Background
Anthony DePasquale III, proceeding without counsel, appealed a Denton County district court’s order in a suit to modify the parent-child relationship. The appeal was originally filed in the Second Court of Appeals and transferred to the Seventh Court of Appeals through the Texas Supreme Court’s docket-equalization process.
DePasquale’s appellate brief was due July 13, 2026, but he did not file it. On July 22, the court notified him that the appeal could be dismissed for want of prosecution, without further notice, unless it received a brief by August 3. He neither filed a brief nor communicated further with the court.
The Court’s Holding
The Seventh Court of Appeals dismissed the appeal for want of prosecution. Because DePasquale failed to submit a brief by the original deadline or the court’s later deadline, the appeal did not proceed to review of the modification order.
The per curiam court relied on Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b), which authorize dismissal when an appellant fails to timely file a brief and fails to prosecute the appeal.
Key Takeaways
- An appellant’s failure to file a required brief can result in dismissal for want of prosecution.
- The court provided notice and an additional deadline before dismissing the appeal.
- The dismissal was procedural; the court did not address the merits of the parent-child-relationship modification order.
Why It Matters
The decision underscores that self-represented appellants must comply with appellate briefing deadlines. When an appellant fails to file a brief even after receiving a dismissal warning and an additional deadline, a Texas appellate court may end the appeal without reaching the underlying family-law dispute.