Philip Simpson v. Kallison Ranch Apartments

• Court: Court of Appeals of Texas
• Decided: November 5, 2025
• Docket: 04-25-00500-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00500-CV

Philip SIMPSON, Appellant

v.

KALLISON RANCH APARTMENTS, Appellee

From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2025-CV-05907 Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: November 5, 2025

DISMISSED

This is an appeal from judgment in a forcible entry and detainer case. Appellant’s brief was

due on September 28, 2025. Neither a brief nor a motion for extension of time was filed.

Accordingly, on October 10, 2025, this court ordered appellant to file his brief and to respond in

writing with a reasonable explanation for his failure to timely file a brief and why the appellee was

not significantly injured by his failure to do so. See TEX. R. APP. P. 38.8(a)(1). We cautioned that,

if appellant failed to timely file a brief and a written response to our order, we would dismiss his 04-25-00500-CV

appeal for want of prosecution or for failure to comply with a court order. See TEX. R. APP. P.

37.3(b), 42.3(b), (c). The response was due on October 25, 2025. Appellant has failed to respond.

Because appellant has failed to respond to this court’s order or to timely file a brief, the

appeal is dismissed. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).

-2-