Unreported / Non-Citable
Background
Leroy Whitaker Jr. appealed from a case in Harris County Civil Court at Law No. 3 involving American Express National Bank. The memorandum opinion does not describe the underlying dispute or the trial court’s ruling.
Whitaker did not file an appellate brief. On July 9, 2026, the First Court of Appeals notified him that it might dismiss the appeal unless he filed either a brief or a motion for an extension within 10 days. He filed neither a response nor a brief.
The Court’s Holding
The court dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3. The dismissal rested on Whitaker’s failure to file a brief or respond to the court’s notice.
The court did not address the merits of the underlying dispute. It also dismissed any pending motions as moot.
Key Takeaways
- An appellant’s failure to file a brief can result in dismissal for want of prosecution.
- The court gave Whitaker notice and an opportunity to file a brief or request additional time before dismissing the appeal.
- The dismissal did not resolve the merits of Whitaker’s claims against American Express National Bank.
Why It Matters
The decision underscores the importance of complying with appellate briefing deadlines and responding promptly to dismissal notices. An appellant who fails to prosecute an appeal may lose appellate review without the court ever reaching the underlying issues.