Valerie Simmons v. Virginia Stevenson

• Court: Court of Appeals of Texas
• Decided: February 20, 2025
• Docket: 01-24-00535-CV
• Status: Published

Opinion

Opinion issued February 20, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00535-CV ——————————— VALERIE SIMMONS AND STANLEY SIMMONS, Appellants V. VIRGINIA STEVENSON, Appellee

On Appeal from the County Court at Law No. 4 Brazoria County, Texas Trial Court Case No. CI67326

MEMORANDUM OPINION

Appellants, Valerie Simmons and Stanley Simmons, proceeding pro se, filed

a notice of appeal from the trial court’s August 19, 2024 final judgment. Appellants

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

brief). The record in this appeal was due on or before October 30, 2024. The clerk’s

record was filed on September 11, 2024, and the reporter’s record was filed on

October 25, 2025. Accordingly, appellants’ brief was due on November 25, 2024.

See TEX. R. APP. P. 38.6(a). Appellants failed to timely file a brief.

On December 16, 2024, the Clerk of this Court notified appellants that the

time for filing a brief had expired and 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 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, appellants did not

adequately respond.

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, Caughey, and Morgan.