Background
Sherry Lias, representing herself, appealed a final default judgment entered by the County Court at Law No. 2 of Denton County in favor of BMF IV TX Ashlar, LLC, doing business as The Ashlar Apartments. 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.
Lias’s appellate brief was due June 17, 2026, but she did not file it. On June 24, the court notified her that the appeal could be dismissed for want of prosecution, without further notice, unless it received a brief by July 6. Lias neither filed a brief nor otherwise communicated with the court.
The Court’s Holding
The Seventh Court of Appeals dismissed the appeal for want of prosecution under Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b). The court based the dismissal on Lias’s failure to file an appellate brief after receiving notice and an additional deadline.
The per curiam memorandum opinion did not address the merits of the underlying default judgment. Its disposition was limited to dismissing the appeal because Lias did not prosecute it through the required briefing process.
Key Takeaways
- An appellant’s failure to file a brief can result in dismissal of a civil appeal for want of prosecution.
- The court provided notice and an additional deadline before dismissing the appeal.
- The dismissal left the underlying default judgment unreviewed on the merits.
Why It Matters
The decision underscores that self-represented civil appellants must comply with appellate briefing deadlines. When an appellant does not submit a brief after receiving a dismissal warning and a final opportunity to cure, the appellate court may end the appeal without considering any challenge to the trial court’s judgment.