Background
Shannon Aldrich appealed from a proceeding in Tarrant County’s 236th District Court involving Daren Masters, Jr., CDMM Enterprises doing business as Texas School of Phlebotomy, and 820 Yeager Lane, Ltd. doing business as Alta Mesa Court. Aldrich’s appellate brief was due September 8, 2026.
After Aldrich missed the deadline, the Second Court of Appeals notified her on September 11 that the brief had not been filed as required by the Texas Rules of Appellate Procedure. The court warned that it could dismiss the appeal for want of prosecution unless, within ten days, she submitted both the brief and a motion reasonably explaining the delay and the need for an extension. Aldrich did not respond.
The Court’s Holding
The court dismissed Aldrich’s appeal for want of prosecution. It held that dismissal was appropriate because she failed to file her appellate brief and did not respond after being given an opportunity to explain the omission.
The court relied on Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), and 43.2(f). It also ordered Aldrich to pay all costs of the appeal.
Key Takeaways
- An appellant’s failure to file a timely brief can result in dismissal for want of prosecution.
- The court provided notice and an opportunity to cure by filing the brief and a motion explaining the delay, but the appellant submitted neither.
- The dismissal ended the appeal without any decision on the merits of the underlying dispute, and appellate costs were assessed against the appellant.
Why It Matters
The decision underscores that compliance with appellate briefing deadlines is essential. When an appellant ignores both the filing deadline and a subsequent cure notice, a Texas appellate court may dismiss the appeal without reaching the substantive issues.