Jerrest A. Green v. Victoria Garden Apts

• Court: Court of Appeals of Texas
• Decided: August 21, 2025
• Docket: 01-25-00146-CV
• Status: Published

Opinion

Opinion issued August 21, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00146-CV ——————————— JERREST GREEN, Appellant V. VICTORIA GARDEN APARTMENTS, Appellee

On Appeal from the County Court at Law No. 4 Fort Bend County, Texas Trial Court Case No. 25-CCV-076073

MEMORANDUM OPINION

Appellant, Jerrest Green, proceeding pro se, filed a notice of appeal from the

trial court’s February 26, 2025 final judgment. Appellant has failed to timely file a

brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). On March 3, 2025, the official court reporter for the County Court at Law

No. 4 of Fort Bend County, Texas notified the Court that no record was taken in the

underlying cause, and the clerk’s record was filed on March 28, 2025. Accordingly,

appellant’s brief was due on April 28, 2025. See TEX. R. APP. P. 38.6(a). Appellant

failed to timely file a brief.

On May 13, 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.