Elisha Holloway v. the Julian at South Pointe Dba the Julian at South Pointe
Docket 10-26-00060-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 10th District (Waco)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 10-26-00060-CV
Appeal from a judgment for possession of real property and monetary damages in County Court at Law No. 1 of Ellis County, Texas
Summary
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.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution when the appellant failed to file the required docketing statement
- Whether the appeal should be dismissed for failure to comply with the Clerk of Court's directive and appellate rules
Court's Reasoning
The court relied on its appellate rules requiring a docketing statement and the Clerk's notices establishing deadlines and warnings. The appellant did not file the required statement or request an extension despite being warned that dismissal could follow. Given the failure to comply with procedural requirements and the Clerk's directives, dismissal for want of prosecution was appropriate and the emergency motion became moot.
Authorities Cited
- Texas Rule of Appellate Procedure 32.1
- Texas Rule of Appellate Procedure 42.3(b)
- Texas Rule of Appellate Procedure 42.3(c)
Parties
- Appellant
- Elisha Holloway
- Appellee
- The Julian at South Pointe dba The Julian at South Pointe
- Judge
- James S. Chapman
- Judge
- Lee Harris
- Judge
- Chief Justice Johnson
- Judge
- Justice Smith
Key Dates
- Clerk notice requiring docketing statement
- 2026-03-05
- First docketing statement deadline
- 2026-03-16
- Final warning deadline to file docketing statement
- 2026-04-10
- Opinion filed / appeal dismissed
- 2026-04-23
What You Should Do Next
- 1
Consult an attorney promptly
Affected parties should consult appellate counsel immediately to evaluate options for reinstatement, motion for rehearing, or to determine whether other post-judgment relief is available and timely.
- 2
Consider filing a motion for reinstatement or to set aside dismissal
If grounds exist (for example, inadvertence or excusable neglect), the appellant can investigate whether the rules allow a timely motion to reinstate the appeal and prepare supporting factual affidavits.
- 3
Comply with trial-court obligations
If the dismissal stands, the appellant should confirm and comply with the county court’s judgment and any deadlines for post-judgment actions to avoid further adverse consequences.
Frequently Asked Questions
- What happened in this decision?
- The appellate court dismissed the appeal because the appellant did not file the required docketing statement or ask for more time after being notified by the Clerk.
- Who is affected by this dismissal?
- The appellant, Elisha Holloway, is affected because her appeal of the county court’s possession and damages judgment has been dismissed; the appellee is not required to defend the appeal further.
- What does 'dismissed for want of prosecution' mean?
- It means the court ended the appeal because the appellant failed to take required procedural steps to move the appeal forward.
- Can this be appealed or undone?
- Potentially, the appellant may seek reinstatement or file a motion for rehearing or other relief if permitted by the appellate rules, but any such requests must be made promptly and follow the court's rules.
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
Court of Appeals
Tenth Appellate District of Texas
10-26-00060-CV
Elisha Holloway,
Appellant
v.
The Julian at South Pointe dba The Julian at South Pointe,
Appellee
On appeal from the
County Court at Law No. 1 of Ellis County, Texas
Judge James S. Chapman, presiding
Trial Court Cause No. 25-C-4110
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Elisha Holloway appealed from a judgment for possession of real
property and monetary damages. On March 5, 2026, Appellant was notified
by letter from the Clerk of this Court that a docketing statement was required
to be completed and returned to this Court by Monday, March 16, 2026. The
required docketing statement was not received. See TEX. R. APP. P. 32.1.
By subsequent letter, the Clerk of this Court notified Appellant that the
docketing statement had not been filed and warned her that the Court may
dismiss the appeal without further notice if a docketing statement was not filed
on or before Friday, April 10, 2026. See TEX. R. APP. P. 42.3(c).
As of the date of this opinion, we have not received the docketing
statement nor have we received any request for an extension of time to file the
docketing statement. Accordingly, we dismiss this appeal for want of
prosecution and for the failure to follow a directive of the Clerk of this Court.
See TEX. R. APP. P. 32.1, 42.3(b), (c). Appellant’s motion for emergency relief is
dismissed as moot.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: April 23, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed;
Motion dismissed as moot
CV06
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