Oliver Reyner and Amy Briones v. Makansam Inc.

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 01-24-00139-CV
• Status: Published

Opinion

Opinion issued August 28, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00139-CV ——————————— OLIVIA REYNER AND AMY BRIONES, Appellants V. MAKANSAM, INC., RISE ASSOCIATION MANAGEMENT GROUP, LLC, AND AKIKO KIMURA, Appellees

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1189049

MEMORANDUM OPINION

On February 7, 2024, appellant, Olivia Reyner, proceeding pro se, filed a

notice of appeal from the trial court’s October 26, 2023 final judgment. On February

8, 2024, appellant, Amy Briones, proceeding pro se, filed a notice of appeal from the trial court’s October 26, 2023 final judgment. Neither Reyner nor Briones have

timely filed a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief).

The record in this appeal was due to be filed by February 23, 2024. See TEX.

R. APP. P. 35.1(a). The clerk’s record was filed on February 26, 2024, but no

reporter’s record was filed. On March 22, 2024, the official court reporter for the

County Civil Court at Law No. 4 of Harris County, Texas notified the Court that the

reporter’s record had not been filed because appellants had not requested the

preparation of the reporter’s record.

On March 29, 2024, the Clerk of this Court notified appellants that unless

appellants submitted written evidence that a reporter’s record was requested by April

29, 2024, the Court may require appellants to file their respective briefs and consider

the appeal without a reporter’s record. See TEX. R. APP. P. 37.3(c). After neither

appellant responded to the Court’s notice, on June 3, 2025, the Court notified the

parties that the appeal would be considered without a reporter’s record and directed

appellants to file their respective briefs no later than July 3, 2025. See TEX. R. APP.

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

On July 24, 2025, the Clerk of this Court notified appellants that the time for

filing a brief had expired and informed appellants that 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

2 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, neither appellant adequately responded to the Court’s notice.

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.