Unreported / Non-Citable
Background
Brandon Ross appealed from a proceeding involving Century Oaks Apartments in Bell County Court at Law No. 1, where Judge Paul A. Motz presided.
On September 21, 2026, the Third Court of Appeals notified Ross that his appellate brief was overdue. The court warned that it would dismiss the appeal for want of prosecution unless he filed a satisfactory response by October 1, 2026.
The Court’s Holding
The court dismissed Ross’s appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b).
Ross had filed neither an appellate brief nor a motion requesting an extension of time by the time the court ruled.
Key Takeaways
- An appellant’s failure to file a required brief can support dismissal for want of prosecution.
- The court gave Ross notice and a deadline to provide a satisfactory response before dismissing the appeal.
- Ross did not file either the overdue brief or a motion for additional time.
Why It Matters
The decision illustrates the procedural consequences of missing an appellate briefing deadline and failing to respond to the court’s warning. Texas appellate courts may dismiss an appeal for want of prosecution when an appellant does not take the required steps to advance it.