What does this decision mean?

The appellate court dismissed the appeal because the appellant failed to file the required appellate brief and did not respond to the court's notice. The court did not decide the underlying case on its merits.

Who is affected by this dismissal?

Delanie Perkins, the appellant, is directly affected because the appeal is ended; West Lake Park Apartments benefits because the lower-court judgment will stand unless other relief is obtained.

What happens to motions that were pending in the appeal?

The court dismissed any pending motions as moot because the appeal itself was dismissed.

Can this dismissal be undone or appealed?

The document does not state further relief; typically a party could seek reinstatement or file a motion for rehearing or to reinstate if permitted under the appellate rules, but success depends on showing good cause for the failure to file and complying with any deadlines.

Delanie Perkins v. West Lake Park Apartments

Docket 01-25-00992-CV

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

CivilDismissed

Filed: Apr 21, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 01-25-00992-CV

Appeal from a County Civil Court at Law in Harris County; appellant failed to file her brief and the appellate court reviewed the failure-to-prosecute notice and dismissed the appeal.

Summary

The court dismissed an appeal by Delanie Perkins from a County Civil Court at Law judgment because Perkins failed to file an appellant’s brief by the deadline and did not respond to the court’s notice to file the brief or request an extension. The First District applied Texas Rules of Appellate Procedure that permit dismissal for want of prosecution and dismissed any pending motions as moot. The decision is a procedural dismissal rather than a decision on the merits of the underlying dispute between Perkins and West Lake Park Apartments.

Issues Decided

Whether the appeal should be dismissed for want of prosecution because the appellant failed to file the required brief by the deadline and failed to respond to a court notice.
Whether pending motions should be dismissed as moot following dismissal of the appeal.

Court's Reasoning

The court relied on the Texas Rules of Appellate Procedure that authorize dismissal when an appellant does not timely file a brief and does not comply with a court-ordered notice to act. The appellant did not file a brief by the original deadline, did not respond to the court's notice advising of possible dismissal, and did not request an extension, so dismissal was appropriate. Because the appeal itself was dismissed, any outstanding motions became moot.

Authorities Cited

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

Parties

Appellant: Delanie Perkins
Appellee: West Lake Park Apartments
Judge: Per Curiam (Justices Riva-Molloy, Johnson, and Dokupil)

Key Dates

Appellant's brief due date: 2026-02-12
Court notice issued advising possible dismissal: 2026-03-23
Final date to respond to court notice: 2026-04-02
Opinion issued / appeal dismissed: 2026-04-21

What You Should Do Next

1
Consult an attorney immediately
Speak with appellate counsel to evaluate whether to seek reinstatement or other relief and to confirm deadlines and procedural options under the Texas Rules of Appellate Procedure.
2
Consider filing a motion to reinstate or for rehearing
If eligible, prepare a motion showing good cause for failing to file the brief and asking the court to reinstate the appeal; file promptly in accordance with the rules and any applicable deadlines.
3
Confirm status of the underlying judgment
Determine whether the trial-court judgment is final and whether additional post-judgment relief (such as a motion for a new trial or other collateral relief) remains available.

Frequently Asked Questions

What does this decision mean?: The appellate court dismissed the appeal because the appellant failed to file the required appellate brief and did not respond to the court's notice. The court did not decide the underlying case on its merits.
Who is affected by this dismissal?: Delanie Perkins, the appellant, is directly affected because the appeal is ended; West Lake Park Apartments benefits because the lower-court judgment will stand unless other relief is obtained.
What happens to motions that were pending in the appeal?: The court dismissed any pending motions as moot because the appeal itself was dismissed.
Can this dismissal be undone or appealed?: The document does not state further relief; typically a party could seek reinstatement or file a motion for rehearing or to reinstate if permitted under the appellate rules, but success depends on showing good cause for the failure to file and complying with any 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 21, 2026




                                       In The

                                Court of Appeals
                                       For The

                           First District of Texas
                              ————————————
                               NO. 01-25-00992-CV
                             ———————————
                         DELANIE PERKINS, Appellant
                                          V.
                WEST LAKE PARK APARTMENTS, Appellee


             On Appeal from the County Civil Court at Law No. 3
                           Harris County, Texas
                       Trial Court Case No. 1262594


                           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 Riva-Molloy, Johnson, and Dokupil.




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