Unreported / Non-Citable
Background
Virtue US Investments Inc. and Annakatrina Kelly appealed a Summary Judgment Order entered by the County Court at Law No. 3 of Tarrant County. 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.
The appellants’ brief was due July 1, 2026, but they did not file it. On July 8, the court notified them by letter that the appeal could be dismissed for want of prosecution, without further notice, unless it received a brief by July 20. The appellants neither filed a brief nor communicated further with the court.
The Court’s Holding
The court dismissed the appeal for want of prosecution. It relied on Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b), which permit dismissal when an appellant fails to timely file a brief and fails to prosecute the appeal.
The memorandum opinion did not address the merits of the Summary Judgment Order or identify its terms. The dismissal rested solely on the appellants’ failure to submit their appellate brief or otherwise respond after the court sent its warning letter.
Key Takeaways
- Missing an appellate briefing deadline can result in dismissal for want of prosecution.
- The court warned that dismissal could occur without further notice if no brief was filed by the extended deadline.
- The court resolved the appeal procedurally and did not review the merits of the challenged Summary Judgment Order.
Why It Matters
The decision underscores that appellants must comply with briefing deadlines and remain responsive to court communications. Failure to do so may end an appeal before the appellate court considers any substantive challenge to the trial court’s order.