Nicholas Darby v. AVRI James Properties LLC

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 01-25-00347-CV
• Status: Published

Opinion

Opinion issued August 28, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00347-CV ——————————— NICHOLAS DARBY AND JEREMY DARBY, Appellants V. AVRI JAMES PROPERTIES, LLC, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1247911

MEMORANDUM OPINION

Appellants, Nicholas Darby and Jeremy Darby, proceeding pro se, filed a

notice of appeal from the trial court’s May 5, 2025 final judgment. Appellants have

failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed on May 14, 2025, and on May 27, 2025, the

official court reporter for the County Civil Court at Law No. 4 of Harris County,

Texas notified the Court that no record was taken in the underlying cause.

Accordingly, appellants’ brief was due on June 26, 2025. See TEX. R. APP. P.

38.6(a). Appellants failed to timely file a brief.

On July 3, 2025, the Clerk of this Court notified appellants 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, appellants 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.