Unreported / Non-Citable
Background
Michael Zamora appealed to the Thirteenth Court of Appeals from an order in trial cause number C-1-CV-26-001656, pending in the County Court at Law No. 1 of Travis County, Texas. The appellee is Eric W. Nelson, administrator of the Estate of Santiago Duarte Jr. Zamora filed his notice of appeal on April 16, 2026. The court’s memorandum opinion states that the notice challenged an order in that trial cause and that Zamora also had several other appeals involving different, interrelated trial cause numbers.
The appeal came before the court on its own motion because Zamora had not timely filed his appellant’s brief. He had requested an extension, and on October 7, 2026, the court granted that request. Its order required Zamora to file the brief by 11:59 p.m. on October 15, 2026, and warned that otherwise the appeal would be subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1). The court also stated that it would not grant further extensions or look favorably on requests for further extensions.
A footnote explains that the appeal was transferred from the Third Court of Appeals in Austin under an order issued by the Texas Supreme Court, citing Texas Government Code § 73.001. The court noted that, under Texas Rule of Appellate Procedure 41.3, it must follow the transferor court’s precedent to the extent that precedent differs from its own.
The Court’s Holding
The court dismissed the appeal for want of prosecution. It stated that, despite its notices and October 7 order, Zamora had failed to timely file a brief. The opinion further states that he had not filed a motion seeking another extension or taken any action regarding the appeal since that order.
The court cited Rule 38.8(a)(1) in connection with both its earlier warning and the dismissal. The opinion does not address the merits of the challenged trial-court order, identify the underlying claims, or discuss the other interrelated appeals beyond noting their existence. Its stated basis for dismissal is the failure to comply with the extended briefing deadline and the absence of any subsequent motion or other action concerning this appeal.
Justice Fonseca authored the memorandum opinion for a panel that also included Chief Justice Tijerina and Justice Cron. The opinion was delivered and filed on November 5, 2026.
Key Takeaways
- The Thirteenth Court of Appeals dismissed Zamora’s appeal for want of prosecution after he missed the court’s extended deadline for filing his brief.
- The October 7, 2026 order set a deadline of 11:59 p.m. on October 15, 2026, expressly warned of possible dismissal, and said further extensions would not be granted or viewed favorably.
- The court reported no further extension motion or other action by Zamora concerning the appeal after the October 7 order.
- The disposition was procedural; the memorandum opinion contains no merits ruling on the trial-court order or the other interrelated appeals.
Why It Matters
The opinion illustrates the case-specific application of Rule 38.8(a)(1) after an appellant failed to meet an express, extended briefing deadline. The court relied on the documented procedural history—its prior warning, the missed deadline, and the absence of subsequent activity—rather than announcing a broader rule about every late-filed brief.
The decision also identifies the transfer framework governing the appeal: it came from the Third Court of Appeals by Texas Supreme Court order, and Rule 41.3 requires the receiving court to follow transferor-court precedent where it differs. The opinion does not describe any substantive precedent applied to a merits issue, because the appeal ended on procedural grounds.