Patricia Sepulveda v. Wilmington Savings Fund Society, FSB, Not in Its Individual Capacity but Solely as Owner Trustee for Cascade Funding Mortgage Trust HB10
This text of Patricia Sepulveda v. Wilmington Savings Fund Society, FSB, Not in Its Individual Capacity but Solely as Owner Trustee for Cascade Funding Mortgage Trust HB10 (Patricia Sepulveda v. Wilmington Savings Fund Society, FSB, Not in Its Individual Capacity but Solely as Owner Trustee for Cascade Funding Mortgage Trust HB10) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00696-CV
Patricia SEPULVEDA, Appellant
v.
WILMINGTON SAVINGS FUND SOCIETY, FSB, Not In Its Individual Capacity But Solely As Owner Trustee for Cascade Funding Mortgage Trust HB10, Appellees
From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2024CV01932 Honorable Cesar Garcia, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice
Delivered and Filed: April 16, 2025
DISMISSED FOR WANT OF PROSECUTION
On January 17, 2025, appellant filed a pro se appellate brief that was five sentences long
and did not comply with Rules 9.4, 9.5, and 38.1 of the Texas Rules of Appellate Procedure. On
January 29, 2025, we ordered appellant to file an amended brief that complied with Rules 9.4.,
9.5, and 38.1 and warned appellant that failure to do so would result in this court dismissing this
appeal for want of prosecution. On March 3, 2025, we granted appellant an extension and
ordered appellant’s amended brief to be filed by March 28, 2025. 04-24-00696-CV
On March 28, 2025, appellant filed a letter, which we construe as her attempt to file an
amended brief. This amended brief also fails to comply with Rules 9.4, 9.5, and 38.1. Indeed, in
its entirety, the brief consists of only two sentences:
I request this case be overturned for wrongful eviction due to the fact that I am the heir and homeowner. I respectfully ask the property be returned to me as well as settlement of $80,000 due to this matter.
We conclude appellant’s amended brief flagrantly violates Rules 9.4., 9.5, and 38.1. See TEX. R.
APP. P. 9.4(k); see also TEX. R. APP. P. 38.9 (explaining that if the court of appeals “determines
that this rule has been flagrantly violated, it may require a brief to be amended, supplemented or
redrawn” and that “[i]f another brief that does not comply with this rule is filed, the court may
strike the brief, prohibit the party from filing another, and proceed as if the party had failed to
file a brief”). Thus, we strike appellant’s amended brief, prohibit her from filing another, and
proceed as if she failed to file an appellant’s brief. Accordingly, we dismiss this appeal for want
of prosecution. See TEX. R. APP. P. 38.8(a) (allowing dismissal for want of prosecution if
appellant fails to timely file a brief); TEX. R. APP. P. 42.3(b) (allowing dismissal for want of
prosecution); Ramos v. Castaneda, No. 04-14-00721-CV, 2015 WL 1244498, at *1 (Tex. App.—
San Antonio Mar. 18, 2015, no pet.) (dismissing appeal for want of prosecution because
appellant’s amended brief, which consisted in its entirety of three sentences, flagrantly violated
Rule 38.1).
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