Christina Keller v. 22Hundred Apartments LTD
Docket 01-25-00884-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-25-00884-CV
Appeal from the County Civil Court at Law No. 2, Harris County; appellant failed to provide the reporter's record and failed to file an appellate brief as ordered.
Summary
The First District of Texas dismissed Christina Keller's appeal from the County Civil Court at Law No. 2, Harris County, because she failed to provide or pay for the reporter’s record and then failed to file her appellate brief by the court-ordered deadline. The court notified Keller of the missing reporter’s record and limited consideration to issues not requiring that record, gave her time to file a brief, warned that dismissal could follow, and received no response. The court dismissed the appeal and any pending motions as moot under the Texas Rules of Appellate Procedure.
Issues Decided
- Whether the appeal should be dismissed for failure to provide or pay for the reporter's record and thus prevent consideration of issues requiring that record.
- Whether the appeal should be dismissed for appellant's failure to timely file her appellate brief after being ordered to do so and warned of dismissal.
Court's Reasoning
The court relied on the Texas Rules of Appellate Procedure that require a reporter’s record to be requested or paid for and allow the court to limit review to issues not requiring that record. When the reporter’s record was not provided and the appellant did not file a brief after being given notice and opportunity, the rules permit dismissal for failure to prosecute. Because Keller failed to comply with the court's orders and did not offer any explanation, dismissal was appropriate and pending motions became moot.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 4.1(a), 26.1, 35.1, 37.3(c), 38.6(a), 38.8(a), 42.3(b)–(c)
Parties
- Appellant
- Christina Keller
- Appellee
- 22Hundred Apartments Ltd
- Judge
- Per Curiam (Chief Justice Adams; Justices Guerra and Guiney)
Key Dates
- Notice of appeal filed
- 2025-10-21
- Clerk's record filed
- 2025-11-21
- Opinion issued
- 2026-04-14
What You Should Do Next
- 1
Consult an attorney immediately
Talk to appellate counsel to review options such as filing a motion for reinstatement or rehearing and to confirm applicable deadlines and required evidence to show good cause.
- 2
Prepare a motion for reinstatement or rehearing
If there is a valid explanation for the missed deadlines (for example, lack of notice or extraordinary circumstances), prepare and file a timely motion explaining the reasons and attaching supporting proof.
- 3
If no relief is available, evaluate trial-judge relief options
If reinstatement is denied or not possible, consult counsel about whether any post-judgment motions or new trial requests can be pursued in the trial court to preserve rights.
Frequently Asked Questions
- What does this dismissal mean?
- The appellate court has terminated the appeal, so the trial-court judgment remains in effect and is no longer being reviewed by this court.
- Who is affected by this decision?
- The appellant, Christina Keller, is directly affected because she lost her opportunity for appellate review; the appellee is affected insofar as the trial judgment stands.
- Why was the appeal dismissed?
- Because Keller did not provide or pay for the reporter’s record and failed to file her appellate brief after being ordered to do so and warned that the appeal could be dismissed.
- Can this dismissal be appealed or undone?
- A dismissal for failure to prosecute might be challenged by a motion for reinstatement or rehearing in some circumstances, but relief typically requires showing good cause or a reasonably explained failure to comply; consult an attorney promptly about deadlines.
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 14, 2026.
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00884-CV
———————————
CHRISTINA KELLER, Appellant
V.
22HUNDRED APARTMENTS LTD, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1257796
MEMORANDUM OPINION
Appellant Christina Keller filed her notice of appeal on October 21, 2025. See
TEX. R. APP. P. 26.1. The clerk’s record was timely filed on November 21, 2025,
but the reporter’s record was not. See TEX. R. APP. P. 4.1(a), 35.1. The same day,
the Clerk of this Court notified appellant that she had not requested the reporter’s
record or paid for it and warned the appeal could be decided without the reporter’s
record absent proof of payment, arrangements with the reporter, or an applicable
exemption. See TEX. R. APP. P. 37.3(c). Appellant provided none. Accordingly, the
Court ordered that it would consider only issues not requiring a reporter’s record and
ordered appellant to file her brief in 30 days. See id 37.3(c), 38.6(a).
Appellant did not file her brief by the deadline. See TEX. R. APP. P. 38.8(a)
(governing failure of appellant to file brief). We warned appellant that we would
dismiss the appeal absent a reasonable explanation for the failure to file a brief. See
id. Appellant did not respond as we requested. See TEX. R. APP. P. 42.3(b) (allowing
involuntary dismissal of case).
Accordingly, we dismiss the appeal in accordance with Texas Rule of
Appellate Procedure 42.3(b)–(c). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
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