Victor Lamont Holmes and Majorie Ann Holmes v. Edgewater Community Association, Inc.

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 01-24-00873-CV
• Status: Published

Opinion

Opinion issued August 28, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00873-CV ——————————— VICTOR LAMONT HOLMES AND MAJORIE ANN HOLMES, Appellants V. EDGEWATER COMMUNITY ASSOCIATION, INC., Appellee

On Appeal from the 333rd District Court Harris County, Texas Trial Court Case No. 2023-42273

MEMORANDUM OPINION

Appellants filed a brief on June 30, 2025. By order dated July 8, 2025, we

struck appellants’ brief for failing to comply with the Texas Rules of Appellate

Procedure, and we ordered appellants to file a corrected brief within 30 days that

complied with the Rules. We also informed appellants that if they failed to timely file a corrected brief, we would dismiss their appeal. See TEX. R. APP. P. 38.8(a)(1),

42.3, 43.2(f). Appellants did not timely file a corrected appellants’ brief. See TEX.

R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of

appellant to file brief).

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 38.8(a)(1), 42.3, 43.2(f); Bennett v. Jenkins, No. 01-21-00557-CV, 2022 WL

3268531, at *1–2 (Tex. App.—Houston [1st Dist.] Aug. 11, 2022, no pet.) (mem.

op.) (dismissing appeal for want of prosecution after striking appellant’s brief for

failure to comply with Texas Rules of Appellate Procedure and appellant failed to

timely file corrected brief); see also Averett v. Huffman Indep. Sch. Dist., No. 01-

19-00482-CV, 2020 WL 717543, at *1 (Tex. App.—Houston [1st Dist.] Feb. 13,

2020, no pet.) (mem. op.) (“When an appellant fails to file a brief, we may dismiss

h[er] appeal for want of prosecution.”). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justice Rivas-Molloy, Guiney, and Morgan.