Rayven Ruiz v. the Law Office of Richard Weaver, PLLC D/B/A the Weaver Law Firm

Opinion

NUMBER 13-21-00467-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

RAYVEN RUIZ, Appellant,

v.

THE LAW OFFICE OF RICHARD WEAVER, PLLC D/B/A THE WEAVER LAW FIRM, Appellee.

On appeal from the 36th District Court of Bee County, Texas.

MEMORANDUM OPINION

Before Justices Longoria, Hinojosa, and Silva Memorandum Opinion by Justice Silva

On December 27, 2021, appellant Rayven Ruiz filed a notice of appeal from an

“Order for Disbursement of Settlement Proceeds” in trial court cause number B-13-1236-

CV-A in the 36th District Court of Bee County, Texas. On March 10, 2022, the Clerk of

this Court notified appellant that the reporter’s record in the above cause was originally due on February 22, 2022, and the court reporter, Sarah Riemenschneider, had notified

this Court that appellant failed to make arrangements to pay for the reporter’s record. The

Clerk advised appellant that the Court would consider and decide those issues or points

that do not require a reporter’s record for a decision unless this defect was cured within

ten days. See TEX. R. APP. P. 37.3(c). Appellant did not respond to the Clerk’s notice or

otherwise file the reporter’s record.

After an extension of time, the clerk’s record for the appeal was filed on March 22,

2022. On March 28, 2022, the Clerk advised appellant that it would consider and decide

those issues or points that do not require a reporter’s record for a decision, and the Clerk

expected appellant’s brief to be filed by April 21, 2022. Appellant did not thereafter file a

brief.

On April 27, 2022, the Clerk notified appellant that her brief had not been timely

filed. The Clerk advised appellant that the appeal would be dismissed for want of

prosecution unless, within ten days, appellant reasonably explained the failure and the

appellee was not significantly injured by the appellant’s failure to timely file a brief. See

id. R. 38.8(a). Appellant did not respond to the Clerk’s notice or file a brief in this matter.

Appellate courts possess the authority to dismiss an appeal for want of prosecution

when an appellant in a civil case fails to timely file the appellant’s brief and gives no

reasonable explanation for the failure. See id. R. 38.8(a)(1); id. R. 42.3(b); Am. Bail Bonds

v. City of El Paso, 225 S.W.3d 612, 612 (Tex. App.—El Paso 2006, no pet.); Newman v.

Clark, 113 S.W.3d 622, 623 (Tex. App.—Dallas 2003, no pet.) (per curiam). Similarly,

courts may dismiss an appeal for want of prosecution generally or because the appellant

2 has failed to comply with a requirement of the appellate rules, a court order, or a notice

from the appellate court clerk requiring a response or other action within a specified time.

See TEX. R. APP. P. 42.3 (b), (c).

The Court, having examined and fully considered the documents on file and

appellant’s failure to file a brief, is of the opinion that this appeal should be dismissed.

Accordingly, we dismiss the appeal for want of prosecution. See id. R. 38.8(a), 42.3(b),

(c).

CLARISSA SILVA Justice

Delivered and filed on the 26th day of May, 2022.