Mark Smith v. Continental Casualty Company

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: May 28, 2026
• Docket: 01-26-00003-CV
• Status: Published

Opinion

Opinion issued May 28, 2026

In The Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00003-CV ——————————— MARK SMITH, Appellant V. CONTINENTAL CASUALTY COMPANY, Appellee

On Appeal from the 212th District Court Galveston County, Texas Trial Court Case No. 25-CV-1332

MEMORANDUM OPINION

Appellant Mark Smith, proceeding pro se, failed to file a brief. See TEX. R.

APP. P. 38.6(a), 38.8(a). On May 4, 2026, the Clerk of this Court notified Appellant

that his appellate brief was past due, and his appeal was subject to dismissal. See

TEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f). We directed Appellant to file his brief and a motion requesting an extension to file the brief within 10 days of our notice.

Appellant did not respond. See TEX. R. APP. P. 42.3(b), (c).

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 pending motions as

moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.