In the Estate of Victoria B. Kubiak v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 21, 2025
• Docket: 01-24-00203-CV
• Status: Published

Opinion

Opinion issued August 21, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00203-CV ——————————— IN THE ESTATE OF VICTORIA B. KUBIAK, DECEASED

On Appeal from the Probate Court No. 4 Harris County, Texas Trial Court Case No. 502330

MEMORANDUM OPINION

Appellant, Zachary Kubiak, filed a notice of appeal from the trial court’s

February 8, 2024 judgment. Appellant has failed to timely file a brief. See TEX. R.

APP. P. 38.6(a) (governing time to file brief).

The clerk’s record was filed in this appeal on April 8, 2024, and the reporter’s

record was filed on May 22, 2024. After the case was reinstated on the Court’s

active docket, following a referral to mediation, appellant’s briefing deadline was set at December 16, 2024. See TEX. R. APP. P. 38.6(a). Appellant failed to timely

file a brief.

On January 16, 2025, the Clerk of this Court notified appellant that the time

for filing a brief had expired and the appeal was subject to dismissal unless a brief,

or a motion to extend time to file a brief, was filed within ten days of the notice. See

TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b)

(allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing

involuntary dismissal of case for failure to comply with notice from Clerk of Court).

Despite the notice that this appeal was subject to dismissal, appellant did not

adequately respond.

Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), (c); 43.2(f). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.