Court Filings

The Ninth District Court of Appeals dismissed Woodforest National Bank's appeal from a final judgment because the bank failed to pay required filing fees and failed to arrange or pay for the clerk's record. The court repeatedly notified the appellant, sent invoices and a certified bill of costs, and warned the appeal would be dismissed if fees were not paid or arrangements made. The appellant did not respond or show indigency, so the court dismissed the appeal for want of prosecution under the applicable appellate rules.

The Seventh District Court of Appeals dismissed Zenayda Guadalupe Portillo-Rodriguez’s appeal from a Potter County district court judgment because she failed to pay the required appellate filing fee and did not seek to proceed without payment. The Clerk notified her of the overdue fee and gave a deadline of April 13, 2026, but she took no action. Relying on the court’s appellate rules and the Clerk’s notice requirement, the court concluded dismissal was appropriate for noncompliance and entered a per curiam dismissal on April 29, 2026.

The Court of Appeals for the Seventh District of Texas granted the appellant's unopposed motion to voluntarily dismiss his appeal of a trial court order adjudicating him guilty of theft of a firearm and sentencing him to seven months confinement. The motion complied with the appellate rule requiring signature by both the appellant and his attorney. Because no opinion had been issued in the case, the court dismissed the appeal, denied any rehearing motions, and directed that the court's mandate issue immediately.

The Court of Appeals for the Seventh District of Texas dismissed an unopposed voluntary motion by appellant D.E.P. to dismiss an appeal from a final order in a Suit Affecting the Parent-Child Relationship (child referred to by initials). The court found the motion complied with Texas Rule of Appellate Procedure 42.1(a)(1), that granting dismissal would not prejudice any party, and no appellate decision had been issued. The court granted the motion, dismissed the appeal, declined to entertain a rehearing motion, and ordered issuance of its mandate immediately.

The Texas Court of Appeals dismissed an appeal by William Martin, independent executor, from a trial-court order that required co-executor Steven Martin to resign or be removed. The appellate court found the appeal moot because Steven formally resigned after the order was entered, so reversing the order would have no practical effect on Steven’s status or estate administration. The court therefore declined to address the parties’ standing and procedural arguments and dismissed for lack of jurisdiction.

The State of Texas, as appellant, moved to dismiss its own appeal in a criminal case from the County Court at Law No. 9 of Travis County. The motion to dismiss was signed by the Travis County Attorney and filed under the applicable Texas Rule of Appellate Procedure. The Court of Appeals granted the State’s motion and dismissed the appeal. The opinion is a short memorandum decision, noting the procedural compliance with the rule and disposing of the appeal accordingly.

The Texas Third Court of Appeals dismissed Efrain Rodulfo Jr.'s appeal for lack of jurisdiction. Rodulfo, who pleaded guilty under a plea bargain and was sentenced to 25 years on November 18, 2025, filed a pro se motion construed as a notice of appeal on April 14, 2026. The appellate court found the notice untimely because it was filed well after the 30-day deadline (or 90 days only if a timely motion for new trial is filed), and no extension was sought. The trial court also certified that Rodulfo waived and did not have a right to appeal, which required dismissal as well.

The Texas Court of Appeals dismissed a mandamus petition by Zachary Brice Knox challenging a temporary restraining order that denied him possession and access to a child. After the petition was filed, the trial court modified and partially vacated the TRO and set a hearing for temporary orders. Because the complained-of provisions were vacated, the appellate court found Knox’s complaints moot and dismissed the petition for lack of jurisdiction under the appellate rules.

The court dismissed Devoris Antoine Newson’s attempted appeal from the trial court’s verbal denial of his pretrial habeas petition for lack of jurisdiction. The appellate court found no written order ruling on the habeas application in the record, and Texas law requires a written order to invoke appellate jurisdiction in habeas matters. The court also noted the underlying criminal charge was dismissed after Newson filed his habeas application, rendering the pretrial habeas petition moot. Because Newson did not show cause why the appeal should proceed, the court dismissed the appeal and any pending motions as moot.

The court dismissed Devoris Antoine Newson’s attempted appeal from the trial court’s verbal denial of his pretrial habeas application for lack of jurisdiction. The appellate court explained that an oral pronouncement is not appealable absent a signed written order, and the record contained no written ruling. The court also noted the underlying criminal charge was dismissed after Newson filed his habeas application, rendering the habeas petition moot. Because there was no appealable written order and the case was dismissed, the court concluded it lacked jurisdiction and dismissed the appeal and any pending motions as moot.

The court dismissed Devoris Antoine Newson’s attempted appeal of a pretrial habeas corpus ruling for lack of jurisdiction. Newson sought review after an oral denial of his pretrial writ under Texas law, but no written trial-court order appears in the record. The court also found the issue moot because Newson entered a plea bargain, was tried and convicted, and therefore the pretrial relief he sought (including bail reduction) could no longer be granted. Because there was no appealable written order and the matter is moot, the appeal was dismissed.

The Tenth Court of Appeals dismissed William Penn Dixon’s pro se petition for a writ of habeas corpus because the intermediate appellate court lacks original habeas jurisdiction in criminal matters. Dixon had asked the court to order the trial court to act, hold a hearing, suppress evidence, and dismiss pending criminal charges alleging an illegal search. The court explained that jurisdiction to hear original criminal habeas petitions rests with the Court of Criminal Appeals, district courts, county courts, or judges in those courts, so the appellate court could not grant the requested relief and dismissed the filing for want of jurisdiction.

The Court of Appeals dismissed Elisha Holloway’s appeal from a county court judgment awarding possession and damages to The Julian at South Pointe because Holloway failed to file the required docketing statement and did not respond to the Court’s notices. The Clerk had set deadlines and warned that failure to comply could result in dismissal. Because no docketing statement or extension request was received, the court dismissed the appeal for want of prosecution and for failure to follow a clerk’s directive, and it dismissed an emergency motion as moot.

The Court of Appeals dismissed an eviction appeal as moot after the appellants informed the court they no longer occupy the disputed property and do not oppose dismissal. The court noted that eviction proceedings in justice and county courts focus solely on the right to actual possession under Texas law and the civil rules. Because the appellants vacated the premises, the court vacated the county court judgment, dismissed the appeal and all pending motions, and provided no further relief on possession or related claims.

The Court of Appeals for the Ninth District of Texas dismissed an appeal brought by Mitternight Boiler Works, Inc. after Mitternight filed a motion to dismiss under the Texas Rules of Appellate Procedure. The appellate court granted the motion prior to issuing any decision on the merits and dismissed the appeal, denying as moot all other pending motions. The dismissal was entered by per curiam opinion and the court noted the procedural rule authorizing dismissal on the appellant's motion.

The Court of Appeals for the Thirteenth District granted the parties' joint motion to reinstate and dismiss an appeal brought by Rene Martinez from an order enforcing a Rule 11 settlement. After the case was abated for mediation, the parties executed a mediated settlement agreement and asked the court to dismiss the appeal. The court reinstated the appeal and dismissed it by joint motion, ordering costs taxed against the party that incurred them and noting that no motion for rehearing will be entertained.

The Court of Appeals dismissed Walter Green Jr.’s appeal for lack of jurisdiction. Green had previously been convicted of continuous family violence and later filed an Article 11.07 habeas application challenging his conviction and sentence. The trial court recommended dismissal as a subsequent application and forwarded its findings to the Court of Criminal Appeals, which dismissed the application. Green attempted to appeal the trial court’s findings that were sent to the Court of Criminal Appeals, but the appellate court concluded it lacks jurisdiction over postconviction matters and dismissed the appeal after Green failed to show grounds to proceed.

The Second District Court of Appeals at Fort Worth dismissed Reginald Munoz’s appeal for failure to pay the required $205 filing fee after being warned twice under the Texas Rules of Appellate Procedure. The court cited the appellant’s noncompliance with Rule 42.3(c) and related rules, and referenced the Texas Supreme Court’s 2015 fee order. The court ordered Munoz to pay all costs of the appeal and issued a per curiam memorandum opinion dismissing the case on April 23, 2026.

The Court of Appeals dismissed Michael Dean Samuelson’s pro se appeal from his convictions for theft and possession with intent to deliver because the trial-court certifications, which Samuelson signed, state his case was a plea bargain and that he has no right of appeal. The court gave Samuelson until March 27, 2026 to show grounds to continue the appeal and received no response. Relying on the trial-court certifications and applicable Texas appellate rules and precedent, the panel dismissed the appeal without addressing the merits.

The court dismissed pro se appellant Isabelle Edwards’s appeal for lack of jurisdiction. Edwards sought review of the trial court’s August 5, 2025 order granting KFS Lewisville LLC’s motion to dismiss under Texas Rule of Civil Procedure 91a and awarding attorneys’ fees, but the trial court expressly stated the fee amount had not yet been determined and that its order was not final. The appellate court concluded the order neither finally disposed of every claim nor was an appealable interlocutory order, so the appeal was dismissed for want of jurisdiction after Edwards failed to respond to the court’s notice to show grounds to continue the appeal.

The court dismissed an appeal from a county court-at-law involving matters concerning M.P. and A.P. because the appellant failed to pay the required $205 filing fee after her claim of indigence was rejected by the trial court. The appellate court gave notice and a deadline to pay, warned dismissal would follow under the appellate rules, and the fee was not paid by the deadline. The court denied as moot the appellant's pending motions and ordered the appellant to pay all costs of the appeal.

The court granted the father's request to dismiss his own appeal in a child custody case. The Department of Family and Protective Services had removed the child and filed to terminate parental rights; instead the parties reached an agreed judgment appointing the Department permanent managing conservator while mother and father remained possessory conservators. The father, incarcerated at the time, initially appealed but after new appellate counsel secured a hearing and the father waived his motion for new trial and the appeal, he moved to dismiss the appeal, which the court granted under the appellate rules.

The appellate court dismissed Mother's appeal from a final order in a suit affecting the parent–child relationship because her notice of appeal was untimely. The trial court signed the final order on 2025-06-24, and the notice of appeal was required within 20 days (by 2025-07-14) for this accelerated appeal pathway. Mother did not file her notice until 2026-03-17, and she did not respond to the court's request to show grounds to retain the appeal. Because no timely notice or extension was filed, the court concluded it lacked jurisdiction and dismissed the appeal.

The court dismissed Brenton Autwavious Smith’s appeal from his murder conviction because the trial court certified this was a plea-bargain case in which the defendant has no right of appeal. The appellate court gave Smith a month to show grounds to continue the appeal after notifying him of the certification, but he did not respond. Because the trial-court certification showing no right to appeal was part of the record and Smith had waived appeal rights in his plea paperwork, the appellate court dismissed the appeal without reaching the merits.

The First District of Texas dismissed Star Construction Services, Sandra Scherer (d/b/a Star Construction Services), and Robert Scherer’s appeal because the appellants neither established indigence nor paid required appellate fees and failed to respond to the court’s notice. The court cited Texas rules and statutes governing fee payment and its authority to dismiss for nonpayment and failure to prosecute. Because appellants did not timely explain why they should not pay or actually pay the fees, the court dismissed the appeal and denied as moot any pending motions.

The First District of Texas dismissed an appeal brought by Blackbuck Petroleum PropCo I LLC and AGP Energy Services LLC from a trial court order denying their motion to compel arbitration. The parties executed a mediated settlement and a signed settlement, release, and confidentiality agreement that expressly resolved all past and present claims, including the pending appeal, and required dismissals with prejudice. Appellees moved to dismiss the appeal under the Texas Rules of Appellate Procedure; appellants did not oppose. The court granted the unopposed motion and dismissed the appeal, taxing costs against the appellants.

The Texas Third Court of Appeals dismissed both the appeal and cross-appeal in a dispute between John Dickerson and Atlas Sand Company, LLC after the parties jointly moved to dismiss. The parties agreed each would bear their own appellate costs as permitted by the Texas Rules of Appellate Procedure. The court granted the joint motion and dismissed the appeals without reaching the merits of the underlying dispute.

The Court of Appeals dismissed EZ Automotive and Towing SVC LLC's appeal from the trial court's summary judgment because the judgment was not final or appealable. Recaman Auto Group obtained summary judgment on its declaratory-judgment claim about ownership of a Chevrolet Silverado, but the trial court expressly left Recaman's request for attorney’s fees undecided. Because the fee claim remained pending and the order lacked finality language, the appellate court concluded it lacked jurisdiction and dismissed the appeal for want of jurisdiction.

The Court of Appeals for the Eighth District of Texas struck Kevin McBride’s appellate brief for failure to substantially comply with the Texas Rules of Appellate Procedure after multiple notices and an opportunity to cure. McBride’s March 30, 2026 brief was deficient—containing conclusory, bulleted statements without citation to the record or legal authority—so the court treated the filing as if no brief had been filed and dismissed the appeal for want of prosecution. The court explained that liberal construction of procedural rules does not require the court to perform a party’s legal research or factual hunting.

The court granted the parties' agreed motion to dismiss the appeal and the plaintiff's underlying claims with prejudice. The Court of Appeals rendered judgment dismissing Appellant Eric Erdeljac's claims against appellees Kalahari Development LLC, KR Acquisitions, LLC (d/b/a Kalahari Resorts & Conventions), and Gerson Velasquez with prejudice, dismissed the appeal with prejudice, and denied as moot any other pending motions. Court costs are taxed against the party incurring them. No opinion was issued.