William Calledare v. Post Oak Crossing Council of Co-Owners

• Court: Court of Appeals of Texas
• Decided: June 12, 2025
• Docket: 01-24-01021-CV
• Status: Published

Opinion

Opinion issued June 12, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-01021-CV ——————————— WILLIAM B. CALLEDARE, Appellant V. POST OAK CROSSING OF CO-OWNERS, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1233740

MEMORANDUM OPINION

Appellant, William B. Calledare, proceeding pro se, filed a notice of appeal

from the trial court’s October 1, 2024 final judgment. Appellant has failed to timely

file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). On November 22, 2024, the official court reporter for the County Civil Court

at Law No. 3 of Harris County notified the Court that no record was taken in the

underlying cause, and the clerk’s record was filed on December 2, 2024.

Accordingly, appellant’s brief was due on January 2, 2025. See TEX. R. APP. P.

38.6(a). Appellant failed to timely file a brief.

On January 16, 2025, the Clerk of this Court notified appellant 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, appellant 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, Gunn, and Dokupil.