What did the court decide?

The court dismissed the appeal because the appellant did not file a required brief, did not seek more time, and did not respond to the court's warning notice.

Who is affected by this decision?

The appellant, Angel Fuentes, is directly affected because the appeal is dismissed; the appellee, Post Stella, benefits from the dismissal because the lower-court judgment stands unless further action is taken.

What happens to other motions filed in the appeal?

Any pending motions in the appeal were dismissed as moot by the court.

Can this dismissal be undone?

The appellant may have limited options such as filing a motion for reinstatement or other relief under the Texas Rules of Appellate Procedure, but those relief options are time-sensitive and often require showing good cause or excusable neglect.

Angel Fuentes v. Post Stella

Docket 01-25-01044-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 01-25-01044-CV

Appeal from the County Civil Court at Law No. 2, Harris County, Texas, dismissed for failure to file an appellant's brief and for want of prosecution.

Summary

The Court of Appeals dismissed Angel Fuentes's appeal from a County Civil Court at Law in Harris County because the appellant failed to file a brief by the deadline, did not seek an extension, and did not respond to the court's notice that the brief was overdue. The court dismissed the appeal for want of prosecution under the Texas Rules of Appellate Procedure and treated any outstanding motions as moot. The decision is a procedural dismissal rather than a ruling on the merits of the underlying case.

Issues Decided

Whether the appellant's failure to file a brief and to respond to the court's notice warranted dismissal of the appeal for want of prosecution.
Whether outstanding motions should be dismissed as moot following dismissal of the appeal.

Court's Reasoning

The court relied on the Texas Rules of Appellate Procedure which permit dismissal when an appellant fails to prosecute an appeal by not filing a brief and ignoring a court notice. Because the appellant did not file a brief by the due date, did not request an extension, and did not respond to the court's notice, the procedural rules justified dismissal. With the appeal dismissed, any pending motions became moot and were therefore dismissed as well.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f)

Parties

Appellant: Angel Fuentes
Appellee: Post Stella
Judge: Per Curiam (Panel: Justices Rivas-Molloy, Johnson, Dokupil)

Key Dates

Appellant's brief due date: 2026-02-12
Court notice to appellant: 2026-03-23
Deadline set in court notice: 2026-04-02
Opinion issued: 2026-04-16

What You Should Do Next

1
Consult an attorney immediately
An attorney can assess whether grounds exist to seek reinstatement of the appeal or other post-judgment relief and prepare any required motions promptly.
2
Consider filing a motion for reinstatement or other relief
If eligible, file a motion under the Texas Rules of Appellate Procedure explaining the reason for the missed deadline and requesting reinstatement, supported by evidence of good cause or unavoidable circumstances.
3
Verify deadlines for further action
Confirm statutory and rule-based deadlines for motions to reinstate or other post-dismissal relief, because failure to act promptly may forfeit those options.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the appellant did not file a required brief, did not seek more time, and did not respond to the court's warning notice.
Who is affected by this decision?: The appellant, Angel Fuentes, is directly affected because the appeal is dismissed; the appellee, Post Stella, benefits from the dismissal because the lower-court judgment stands unless further action is taken.
What happens to other motions filed in the appeal?: Any pending motions in the appeal were dismissed as moot by the court.
Can this dismissal be undone?: The appellant may have limited options such as filing a motion for reinstatement or other relief under the Texas Rules of Appellate Procedure, but those relief options are time-sensitive and often require showing good cause or excusable neglect.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Opinion issued April 16, 2026




                                       In The

                                Court of Appeals
                                       For The

                           First District of Texas
                              ————————————
                               NO. 01-25-01044-CV
                             ———————————
                          ANGEL FUENTES, Appellant
                                          V.
                             POST STELLA, Appellee


             On Appeal from the County Civil Court at Law No. 2
                           Harris County, Texas
                       Trial Court Case No. 1261677


                           MEMORANDUM OPINION

      Appellant’s brief was due on February 12, 2026. No brief was filed. On

March 23, 2026, the Court issued a notice to appellant, advising that appellant’s brief

was overdue and that the appeal might be dismissed unless the brief or a motion for
extension was filed by April 2, 2026. See TEX. R. APP. P. 38.8(a). No response or

brief was filed.

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

P. 42.3(b), 43.2(f). Any pending motions are dismissed as moot.

                                PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.




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