Kenneth Caldwell and Carmella Caldwell v. Timothy W. Wilson, Individually, and D/B/A Covey Creek Builders; And Covey Creek Builders, Inc.

Opinion

Opinion issued August 11, 2026

In The

Court of Appeals

For The

First District of Texas

file their brief and a motion requesting an extension to file the brief within 10 days of our notice, or by August 3, 2026. Appellants did not respond within the stated deadline.

On August 4, 2026, Appellants filed a Motion for Extension, requesting an extension until August 31, 2026 to file their brief. Appellants’ motion is conclusory as it states only that the extension is requested due to “Appellants’ counsel’s extensive trial and appellate docket along with the multiple vacation letters that Appellants’ counsel has on file for the summer season.” Appellants do not submit any list of cases being worked on or provide any details regarding the vacation(s) during the relevant period. The Motion for Extension is denied.

We dismiss the appeal for want of prosecution for failure to file a brief. See TEX. R. APP. P. 38.8(a), 42.3(b)–(c), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Caughey, Johnson, and Dokupil.

Footnotes

1. NO. 01-25-00876-CV ——————————— KENNETH CALDWELL AND CARMELLA CALDWELL, Appellants V. TIMOTHY W. WILSON, INDIVIDUALLY AND D/B/A COVEY CREEK BUILDERS, AND COVEY CREEK BUILDERS, INC., Appellees On Appeal from the 164th District Court Harris County, Texas Trial Court Case No. 2017-79816 MEMORANDUM OPINION Appellants Kenneth Caldwell and Carmella Caldwell failed to file a brief. See TEX. R. APP. P. 38.6(a), 38.8(a). On July 23, 2026, the Clerk of this Court notified Appellants that their appellate brief was past due, and this appeal was subject to dismissal. See TEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f). We directed Appellants to