Unreported / Non-Citable
Background
Ryan Orlando Montalvo, proceeding without counsel, appealed a final order granting Raul Montalvo’s no-evidence motion for summary judgment. After the appellate record was filed, the court notified Ryan on August 13, 2026, that his appellate brief was due within thirty days.
Ryan did not file a brief by the deadline. On September 28, 2026, the court notified him that the brief was past due and that the appeal could be dismissed for want of prosecution unless he took corrective action within ten days. He did not respond, file a brief, or seek leave to submit a late brief.
The Court’s Holding
The Texas Thirteenth Court of Appeals dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1). That rule permits dismissal of a civil appeal when the appellant fails to file a timely brief, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the delay.
Because Ryan failed to respond to the court’s notice or otherwise address the missing brief, the court dismissed the appeal without reaching the merits of the trial court’s no-evidence summary judgment.
Key Takeaways
- A civil appellant’s failure to file a timely brief may result in dismissal for want of prosecution.
- An appellant facing a missed briefing deadline should promptly respond, explain the delay, and seek leave to file an out-of-time brief.
- Proceeding pro se did not excuse the appellant’s failure to comply with the court’s briefing notices and deadlines.
Why It Matters
The decision underscores that appellate briefing deadlines can be case-dispositive. When an appellant ignores both the original deadline and a subsequent warning, the appellate court may terminate the appeal without reviewing the underlying judgment.