Jaeson Jones v. Charla Hale

Opinion

Opinion issued April 11, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-21-00505-CV ——————————— JAESON JONES, Appellant V. CHARLA HALE, Appellee

On Appeal from the 25th District Court Colorado County, Texas Trial Court Case No. 25076

MEMORANDUM OPINION

Appellant, Jaeson Jones, has filed two separate notices of appeal from the trial

court’s November 26, 2019 interlocutory order granting summary judgment in favor

of appellee, Charla Hale. The underlying trial court litigation was originally

assigned trial court case number 25076. However, after the trial court entered the interlocutory summary judgment order appealed by appellant, the trial court signed

a “2nd Amended Order Granting Severance,” on August 6, 2021, directing the trial

court clerk to open a new case “under Cause No. 25076-A.”

On September 17, 2021, appellant filed a notice of appeal in the original trial

court case number, 25076, which was assigned appellate case number

01-21-00505-CV, and a notice of appeal in the severed trial court case number,

25076-A, which was assigned appellate case number 01-21-00506-CV. In an order

dated December 16, 2021, the Court concluded that it had jurisdiction over

appellant’s appeal pending in appellate case number 01-21-00506-CV, which

corresponded to the severed trial court case number 25076-A. On February 14,

2023, the Court issued an opinion affirming the trial court’s judgment in appellate

case number 01-21-00506-CV.

Because appellate case numbers 01-21-00505-CV and 01-21-00506-CV

constitute appeals from the same trial court order, on March 2, 2023, the Court

notified appellant that it appeared that his appeal in appellate case number

01-21-00505-CV had been rendered moot by the Court’s February 14, 2023 opinion

in appellate case number 01-21-00506-CV. The March 2, 2023 notice therefore

directed appellant to, within seven days of the date of the Court’s notice, file a

written response demonstrating that his appeal in appellate case number

01-21-00505-CV had not been rendered moot. Despite the Court’s notice that failure

2 to respond to the notice may result in dismissal of the appeal, appellant has not

adequately responded. See TEX. R. APP. P. 42.3(c).

Additionally, in appellate case number 01-21-00505-CV, appellant has not

filed a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief).

The clerk’s record was filed on November 12, 2021, and the appellate record

was completed on November 22, 2021 when the reporter’s record was filed.

Accordingly, appellant’s brief was due to be filed on or before December 22, 2021.

See TEX. R. APP. P. 38.6(a). Appellant did not file a brief in appellate case number

01-21-00505-CV.

On March 1, 2022, the Clerk of this Court notified appellant that this 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). After no brief was filed, the Clerk of this Court

sent a second notice to appellant on May 11, 2022 advising appellant that the time

for filing a brief had expired and his appeal was subject to dismissal. Again,

appellant did not respond to the notice. On June 15, 2022, the Clerk of this Court

notified appellant again that the appeal was subject to dismissal for failure to file a

3 brief. Despite the notices that this appeal was subject to dismissal, appellant did not

adequately respond.

Accordingly, we dismiss this appeal for want of prosecution and failure to

respond to notices from this Court. 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 Landau, Countiss, and Guerra.