Adrienne McKinney v. Commercial Acquisitions LLC

• Court: Court of Appeals of Texas
• Decided: June 19, 2025
• Docket: 01-23-00547-CV
• Status: Published

Opinion

Opinion issued June 19, 2025.

In the

Court of Appeals for the

First District of Texas ———————————— NO. 01-23-00547-CV ——————————— ADRIENNE MCKINNEY, Appellant v. COMMERCIAL ACQUISITIONS, LLC, Appellee

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1202548

MEMORANDUM OPINION

Appellant, Adrienne McKinney, proceeding pro se, challenges the trial

court’s final judgment in favor of appellee, Commercial Acquisitions, LLC, in

Commercial Acquisition’s forcible-detainer action against McKinney.

We dismiss the appeal. On February 8, 2024, McKinney filed an appellant’s brief with this Court.

On May 20, 2025, this Court notified McKinney that her appellant’s brief did not

comply with Rule 38.1(a), (b), (c), (d), (f), (g), (h), (i), and (j) of the Texas Rules

of Appellate Procedure. On May 20, 2025, the Court struck McKinney’s February

8, 2024 appellant’s brief and ordered McKinney to file a corrected appellant’s brief

that complied with the Texas Rules of Appellate Procedure within ten days of the

date of the Court’s order. The Court informed McKinney that, if she did not file a

corrected appellant’s brief as directed, her appeal would be subject to dismissal.

See TEX. R. APP. P. 42.3(b), (c). McKinney did not adequately respond.

Because McKinney did not timely file her corrected brief, this appeal is

dismissed for want of prosecution and failure to comply with our May 20, 2025

order requiring an action within a specified time. See TEX. R. APP. P. 38.8(a)(1),

42.3(b), (c); see also Bennett v. Jenkins, No. 01-21-00557-CV, 2022 WL 3268531,

at *2 (Tex. App.—Houston [1st Dist.] Aug. 11, 2022, no pet.) (mem. op.) (per

curiam) (dismissing appeal for want of prosecution where pro se appellant failed to

file “corrected brief” after Court struck brief for failure to comply with Rule 38.1

of Texas Rules of Appellate Procedure). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.