What does this decision mean?

The appeals court dismissed the case because the appellant did not file the required appellate brief or ask for more time after being notified; the dismissal ends this appeal.

Who is affected by this dismissal?

Primarily the appellant, James Kristopher Limon, whose appeal is dismissed; the appellee, Rosa Flores, prevails on this procedural ground.

Can this dismissal be reversed?

A dismissed appeal may sometimes be reinstated if a timely motion for reinstatement with a satisfactory explanation is filed, but relief is not guaranteed and must follow the applicable rules.

What were the legal grounds for dismissal?

The court relied on the Texas Rules of Appellate Procedure permitting dismissal for want of prosecution when an appellant fails to file a brief and does not respond to a clerk's notice.

James Kristopher Limon v. Rosa Flores

Docket 08-26-00013-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, 8th District (El Paso)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 08-26-00013-CV

Appeal from the County Court at Law No. 1, Travis County, Texas, dismissed for want of prosecution after appellant failed to file a brief or request an extension.

Summary

The Court of Appeals for the Eighth District of Texas dismissed James Kristopher Limon's appeal for want of prosecution. Limon failed to file his brief by the March 21, 2026 deadline, did not request an extension, and did not comply with the clerk's ten-day notice. Applying Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b), the court dismissed the appeal. The opinion is a short memorandum concluding dismissal is warranted where a party fails to prosecute and does not seek an extension after notice.

Issues Decided

Whether the appeal should be dismissed for want of prosecution where the appellant failed to file a brief by the deadline.
Whether dismissal is appropriate when the appellant did not request an extension after being given notice under the appellate rules.

Court's Reasoning

The court relied on the Texas Rules of Appellate Procedure that require an appellant to file a brief and allow dismissal if the appellant does not comply. After the clerk notified the appellant that the appeal could be dismissed unless a brief and extension motion were filed within ten days, the appellant still took no action. Because the procedural rules were not followed and the appellant failed to prosecute, dismissal was appropriate under the cited rules.

Authorities Cited

Texas Rules of Appellate Procedure 38.8(a)(1)
Texas Rules of Appellate Procedure 42.3(b)

Parties

Appellant: James Kristopher Limon
Appellee: Rosa Flores
Judge: Gina M. Palafox

Key Dates

brief due date: 2026-03-21
decision date: 2026-04-16

What You Should Do Next

1
Consult an attorney
If the appellant believes dismissal was improper or has a good excuse, consult counsel promptly to evaluate options for seeking reinstatement or other relief.
2
Consider motion to reinstate
If eligible, the appellant may seek reinstatement of the appeal by filing a motion explaining the failure to prosecute and showing diligence, following the appellate rules and deadlines.

Frequently Asked Questions

What does this decision mean?: The appeals court dismissed the case because the appellant did not file the required appellate brief or ask for more time after being notified; the dismissal ends this appeal.
Who is affected by this dismissal?: Primarily the appellant, James Kristopher Limon, whose appeal is dismissed; the appellee, Rosa Flores, prevails on this procedural ground.
Can this dismissal be reversed?: A dismissed appeal may sometimes be reinstated if a timely motion for reinstatement with a satisfactory explanation is filed, but relief is not guaranteed and must follow the applicable rules.
What were the legal grounds for dismissal?: The court relied on the Texas Rules of Appellate Procedure permitting dismissal for want of prosecution when an appellant fails to file a brief and does not respond to a clerk's notice.

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
                           EIGHTH DISTRICT OF TEXAS
                                EL PASO, TEXAS
                                  ————————————

                                     No. 08-26-00013-CV

                                  ————————————


                            James Kristopher Limon, Appellant

                                                 v.

                                     Rosa Flores, Appellee



                     On Appeal from the County Court at Law No 1
                                 Travis County, Texas
                         Trial Court No. C-1-CV-25-006476


                            M E MO RA N D UM O PI NI O N

       James Kristopher Limon’s brief was due on March 21, 2026. When none was filed, the

Clerk of this Court notified Limon that this appeal could be dismissed for want of prosecution if

he did not file a brief and a motion for extension within ten days. Tex. R. App. P. 38.8(a)(1). Limon
neither timely filed a brief nor requested an extension. Accordingly, we dismiss the appeal for want

of prosecution. Tex. R. App. P. 38.8(a)(1), 42.3(b).




                                              GINA M. PALAFOX, Justice

April 16, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.




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