Kristen L. Yerena v. Eddie Martinez Torres

• Court: Court of Appeals of Texas
• Decided: December 31, 2024
• Docket: 01-23-00715-CV
• Status: Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00715-CV ——————————— KRISTEN LIANNE YERENA, Appellant V. EDDIE MARTINEZ TORRES, Appellee

On Appeal from the 246th District Court Harris County, Texas Trial Court Case No. 2021-39506

MEMORANDUM OPINION

Appellant, Kristen Lianne Yerena, proceeding pro se, filed a notice of appeal

from the trial court’s September 1, 2023 “Agreed Order in Suit Affecting the

Parent-Child Relationship.” Appellant has failed to timely file a brief. See TEX. R.

APP. P. 38.6(a) (governing time to file brief). The record in this appeal was due on or before October 31, 2023. The clerk’s

record was filed on October 23, 2023, but no reporter’s record was filed. The court

reporter notified the Court that the reporter’s record had not been filed because

appellant had not paid, or made arrangements to pay, the fee for the reporter’s record.

Accordingly, on November 6, 2023, the Clerk of this Court notified appellant that

unless appellant submitted written evidence that a reporter’s record was requested,

and that appellant paid or made arrangements to pay the fee for the reporter’s record,

by December 6, 2023, appellant may be required to file her brief without a reporter’s

record. See TEX. R. APP. P. 37.3(c). Appellant did not respond to the Clerk’s notice.

On August 1, 2024, the Court notified appellant that it would consider and

decide those issues or points that did not require a reporter’s record for a decision

and directed appellant to file her brief within thirty days of the date of the order. See

TEX. R. APP. P. 38.6(a), (d). Appellant failed to timely file a brief.

On September 16, 2024, 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).

2 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 Chief Justice Adams and Justices Rivas-Molloy and Gunn.