Ericka Ann Arriaga v. Pedro Arriaga, Jr.
This text of Ericka Ann Arriaga v. Pedro Arriaga, Jr. (Ericka Ann Arriaga v. Pedro Arriaga, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00777-CV
Ericka Ann ARRIAGA, Appellant
v.
Pedro ARRIAGA, Jr., Appellee
From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI04324 Honorable Tina Torres, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice
Delivered and Filed: August 13, 2025
DISMISSED FOR WANT OF PROSECUTION
Appellant’s brief was originally due on June 10, 2025. After neither appellant’s brief nor a
motion for extension of time was filed, we ordered appellant to show cause, on or before June 27,
2025, why this appeal should not be dismissed for want of prosecution. See TEX. R. APP. P.
38.8(a)(1) (allowing appellate courts to dismiss an appeal for want of prosecution when an
appellant fails to timely file a brief); see also TEX. R. APP. P. 42.3(c) (allowing appellate courts to
dismiss an appeal when an appellant fails to comply with a court order). 04-24-00777-CV
Appellant filed a timely response, stating she did not file her brief because she was awaiting
a ruling from the trial court on her motion to reform the final decree of divorce and this ruling was
material to the preparation of her brief. Appellant further stated she would “file her opening brief
promptly upon receipt of the trial court’s ruling on the motion.” Thereafter, a supplemental clerk’s
record was filed in this court containing a reformed final decree of divorce signed by the trial court
on July 3, 2025. Nevertheless, appellant still did not file her brief or a motion for extension of time
in this court.
On July 11, 2025, we issued another order warning appellant that if she failed to file her
brief on or before July 31, 2025, this appeal would be dismissed for want of prosecution. Appellant
did not respond to our order, and she has not filed her brief. Accordingly, this appeal is dismissed
for want of prosecution. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).
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