Background
Alfredo Cantu appealed from the County Court at Law No. 4 of Hidalgo County, Texas. The clerk’s record was received on May 5, 2026, but no reporter’s record was received.
On June 23, 2026, the court clerk notified Cantu that the court would decide only issues not requiring a reporter’s record unless he cured the deficiency. Cantu did not respond. After his appellate brief became overdue, the clerk notified him on July 27, 2026, that the appeal would be dismissed for want of prosecution unless he reasonably explained the failure to file a brief within ten days. He again did not respond.
The Court’s Holding
The Texas Thirteenth Court of Appeals dismissed Cantu’s appeal for want of prosecution. The court concluded that the briefing period began when the appellate record was complete, which it treated as the date Cantu received the clerk’s notice concerning the missing reporter’s record.
Because Cantu neither filed an appellate brief nor responded to the clerk’s notices, dismissal was warranted under Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), and 42.3(c).
Key Takeaways
- An appellant’s failure to file a brief may result in dismissal for want of prosecution.
- If no reporter’s record is filed, the appellate court may proceed only on issues that do not require that record.
- Ignoring a clerk’s notice and an opportunity to explain a missed briefing deadline can justify dismissal.
Why It Matters
The decision underscores that appellants must monitor the appellate record, comply with briefing deadlines, and promptly respond to deficiency notices. Even without reaching the merits, an appellate court may end an appeal when the appellant fails to prosecute it.