Unreported / Non-Citable
Background
Karla Soriano appealed from a proceeding involving Henneke Financial Group, LLC, in Bexar County Court at Law No. 10. Her appellate brief was due July 10, 2026, but she did not file it.
On July 24, 2026, the Fourth Court of Appeals ordered Soriano to submit both her brief and a written response reasonably explaining the delay by August 7, 2026. The court warned that failure to comply would result in dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a). Soriano filed neither document and did not otherwise respond.
The Court’s Holding
The court dismissed the appeal for want of prosecution because Soriano failed to file her appellate brief and did not respond to the court’s order.
The court relied on Texas Rules of Appellate Procedure 38.8(a), governing an appellant’s failure to file a brief in a civil case, and 42.3(b), authorizing dismissal for want of prosecution.
Key Takeaways
- A civil appellant’s failure to file a brief may result in dismissal for want of prosecution.
- The court gave Soriano notice, an additional deadline, and an opportunity to explain the missed filing before dismissing the appeal.
- Failing to respond to an appellate court’s warning order can end the appeal without review of its merits.
Why It Matters
The decision underscores that appellate briefing deadlines and court-issued compliance orders carry dispositive consequences. When an appellant neither files the required brief nor responds after receiving a warning, a Texas appellate court may dismiss the appeal without reaching the underlying dispute.