Background
Andrew Silva appealed from a judgment in County Court at Law No. 7 in El Paso County. The appeal was pending before the Texas Court of Appeals, Eighth District. On April 28, 2026, the court issued an order requiring Silva to file an amended brief by May 28, 2026.
The Court’s Holding
Silva failed to file the required amended brief by the May 28 deadline. On June 2, 2026, the court clerk notified Silva that his appeal would be subject to dismissal for want of prosecution unless he filed either an amended brief or a motion for extension by June 12, 2026. As of the opinion date, Silva had filed neither document. Accordingly, the court dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1) and 42.3(b).
Key Takeaways
- Appellants must comply with briefing deadlines or file timely motions for extension to preserve their appeals.
- Failure to file required briefs results in automatic dismissal under the Texas Rules of Appellate Procedure.
- Notice of potential dismissal does not extend the deadline; only an explicit motion for extension can preserve the appeal.
Why It Matters
This decision underscores the strict procedural requirements governing appeals in Texas courts. Appellants who fail to prosecute their appeals through timely brief filings lose their right to appellate review, regardless of the merits of the underlying dispute. Attorneys representing appellants must maintain careful calendaring systems to ensure compliance with court-imposed deadlines.