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Pennington Briggs — Appeal dismissed after new trial was granted and appellant failed to respond

Unreported / Non-Citable

Case
In the Matter of the Marriage of Angela Maria Pennington Briggs and Hiley Benton Jes Briggs and in the Interest of H.J.J.B., a Child
Court
Texas Tenth Court of Appeals
Judge
Chief Justice Johnson; Justice Smith; Justice Harris
Date Decided
September 30, 2026
Docket No.
10-26-00240-CV
Topics
Family Law, Divorce, Appellate Procedure, Dismissal
Source
Read the full opinion

Background

Angela Pennington Briggs, acting without an attorney, appealed from a final divorce decree entered by the 74th District Court of McLennan County.

During the appeal, an order granting a motion for new trial was filed with the appellate court. The court clerk then asked Briggs to state whether she wished to proceed with the appeal and warned that the appeal would be dismissed without further notice if she did not respond by September 21, 2026. Briggs did not respond.

The Court’s Holding

The Texas Tenth Court of Appeals dismissed the appeal because Briggs failed to respond to the clerk’s request concerning whether she wished to continue pursuing it.

The court relied on Texas Rules of Appellate Procedure 42.3(b) and (c), which authorize involuntary dismissal when an appellant fails to prosecute an appeal or fails to comply with a court requirement or notice from the clerk.

Key Takeaways

  • An appellate court may dismiss an appeal when the appellant fails to respond to a clerk’s directive after receiving notice of the potential dismissal.
  • The trial court’s grant of a new trial prompted the appellate court to ask whether the appellant still intended to pursue the appeal.
  • Self-represented litigants remain responsible for meeting appellate deadlines and responding to court communications.

Why It Matters

The decision illustrates that an appeal may end on procedural grounds when an appellant does not communicate with the appellate court. A trial court’s grant of a new trial can alter the posture of a pending appeal, but the appellant must respond when the appellate court seeks clarification about whether the appeal should continue.

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