Timothy Brent Claiborne v. Mark Hornbuckle and West Frontier Homes, LLC

• Court: Court of Appeals of Texas
• Decided: July 31, 2025
• Docket: 02-25-00041-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00041-CV ___________________________

TIMOTHY BRENT CLAIBORNE, Appellant

V.

MARK HORNBUCKLE AND WEST FRONTIER HOMES, LLC, Appellees

On Appeal from the County Court at Law Hood County, Texas Trial Court No. C09203

Before Womack, Wallach, and Walker, JJ. Memorandum Opinion by Justice Womack MEMORANDUM OPINION

Appellant Timothy Brent Claiborne, proceeding pro se, attempts to appeal the

trial court’s take-nothing judgment rendered against him. Claiborne’s brief was due

on or before April 23, 2025. Because Claiborne did not file a brief by that deadline,

on May 5, 2025, we notified him that his brief had not been filed as the appellate rules

require. See Tex. R. App. P. 38.6(a). We warned him that his appeal could be

dismissed for want of prosecution unless he filed, on or before May 15, 2025, a brief

along with a motion reasonably explaining the failure to file a brief and the need for

an extension. See Tex. R. App. P. 10.5(b), 38.8(a)(1).

On May 15, 2025, we received from Claiborne a document that we construed

as an appellant’s brief.1 On June 13, 2025, we notified Claiborne that his brief did not

conform with either Texas Rules of Appellate Procedure 9.4(i) and 38.1(a)–(k) or

Second Court of Appeals Local Rule 1.A. See Tex. R. App. P. 9.4(i), 38.1(a)–(k); 2nd

Tex. App. (Fort Worth) Loc. R. 1.A. We directed Claiborne to file an amended brief

complying with those rules no later than June 23, 2025. We warned him that if he did

not do so, we could strike his noncompliant brief and dismiss his appeal. See Tex. R.

App. P. 38.8(a), 38.9(a), 42.3. We have received no response.

1 That document contained a motion titled: “Motion To Have My Brief Accepted by The Court.” The motion did not include a certificate of conference as required by the appellate rules. See Tex. R. App. P. 10.1(a)(5). On June 13, 2025, we requested that Claiborne file a certificate of conference. He has not done so. Accordingly, we deny his motion.

2 Because Claiborne has failed to file a rule-compliant brief after we afforded him

an opportunity to do so, we strike his brief and dismiss this appeal for want of

prosecution. See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3(b), 43.2(f); Wise v. Walsh,

No. 02-24-00391-CV, 2025 WL 421170, at *1 (Tex. App.—Fort Worth Feb. 6, 2025,

no pet.) (mem. op.) (striking brief and dismissing appeal for want of prosecution

because appellant failed to file a rule-compliant amended brief after we afforded her

an opportunity to do so).

/s/ Dana Womack

Dana Womack Justice

Delivered: July 31, 2025