Unreported / Non-Citable
Background
Israel Medellin appealed from a proceeding against Victoria Pompa in Bexar County Court at Law No. 10, where Judge Timothy Johnson presided.
Medellin did not file his appellant’s brief by the deadline. On August 24, 2026, the Fourth Court of Appeals ordered him to submit both the brief and a written response reasonably explaining the delay by September 8, 2026. The court warned that failure to comply would result in dismissal for want of prosecution.
The Court’s Holding
The court dismissed the appeal for want of prosecution under Texas Rules of Appellate Procedure 38.8(a) and 42.3(b).
Medellin neither filed the required brief nor otherwise responded to the court’s order. The court therefore ended the appeal without addressing the merits of the underlying dispute.
Key Takeaways
- An appellant’s failure to timely file a brief may result in dismissal for want of prosecution.
- The court gave Medellin notice and an opportunity to cure before dismissing the appeal.
- The dismissal was procedural and did not resolve the merits of the parties’ underlying dispute.
Why It Matters
The decision underscores that appellate briefing deadlines and court orders must be taken seriously. When an appellant fails to file a brief or respond after receiving a clear warning, a Texas appellate court may dismiss the appeal without reaching the substantive issues.