American Express v. Sabido — Appeal dismissed after American Express failed to file a brief

Case
American Express National Bank v. Hector Sabido
Court
Texas Tenth Court of Appeals
Judge
Chief Justice Johnson (appointment info not available); Justice Smith (appointment info not available); Justice Harris (appointment info not available)
Date Decided
August 13, 2026
Docket No.
10-26-00163-CV
Topics
Appellate Procedure; Want of Prosecution; Briefing Deadlines
Source
Read the full opinion

Background

American Express National Bank appealed from a case in McLennan County Court at Law No. 3, where Judge J. Patrick Atkins presided. Its appellate brief was due July 13, 2026.

After American Express missed that deadline, the clerk notified it on July 15 that the appeal would be dismissed for want of prosecution unless it filed the brief or another response showing grounds for continuing the appeal by August 5. American Express submitted neither.

The Court’s Holding

The Texas Tenth Court of Appeals dismissed the appeal for want of prosecution and for failure to comply with the clerk’s directive.

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

Key Takeaways

  • An appellant’s failure to file its brief can result in dismissal for want of prosecution.
  • A clerk’s warning and extended deadline do not preserve an appeal if the appellant files neither the overdue brief nor a response supporting continuation.
  • The dismissal ended the appeal without a decision on the underlying dispute.

Why It Matters

The decision underscores that appellate briefing deadlines and clerk directives are enforceable procedural requirements. An appellant that misses a deadline must respond promptly or risk losing appellate review without consideration of the merits.

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