Jillian Warren v. Mark Rendon and Stellar Executive Group Inc.
Docket 03-25-00916-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 3rd District (Austin)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 03-25-00916-CV
Appeal from the 169th District Court of Bell County; appellate brief overdue and appeal reviewed for dismissal for want of prosecution
Summary
The Texas Third Court of Appeals dismissed Jillian Warren’s appeal for want of prosecution because she failed to file her appellant brief, which was originally due March 2, 2026, and did not respond to the court’s notice requiring a satisfactory response by March 23, 2026. The court invoked Texas Rule of Appellate Procedure 42.3(b) and entered dismissal on April 7, 2026. No substantive merits decision was reached because the appeal was dismissed for procedural noncompliance.
Issue Decided
- Whether the appeal should be dismissed for want of prosecution due to the appellant’s failure to file a brief or timely respond to the court’s notice.
Court's Reasoning
The court relied on the appellant’s failure to file the required brief and her failure to respond to the court’s notice giving a deadline to cure the default. Under the appellate rules, failure to prosecute an appeal after notice permits dismissal. Because the appellant did not file a brief or seek an extension, dismissal under Rule 42.3(b) was warranted without reaching the merits.
Authorities Cited
- Texas Rules of Appellate ProcedureTex. R. App. P. 42.3(b)
Parties
- Appellant
- Jillian Warren
- Appellee
- Mark Rendon
- Appellee
- Stellar Executive Group Inc.
- Judge
- Rosa Lopez Theofanis
- Judge
- Cari L. Starritt-Burnett
Key Dates
- appellant brief due date
- 2026-03-02
- court notice deadline to respond
- 2026-03-23
- dismissal filed
- 2026-04-07
- notice sent to appellant
- 2026-03-12
What You Should Do Next
- 1
Consult appellate counsel immediately
An attorney can advise about deadlines for motions for reinstatement or rehearing and evaluate whether a timely motion can be made to restore the appeal.
- 2
Check procedural timelines
Determine the applicable time limits in the Texas Rules of Appellate Procedure for filing a motion for reinstatement, motion for rehearing, or other relief from dismissal.
- 3
Prepare supporting motion if eligible
If eligible, prepare a motion explaining the failure to file (e.g., excusable neglect) and include any supporting evidence to request reinstatement of the appeal.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the appellant did not file the required brief and failed to respond to the court’s notice, so the court did not decide the underlying case on its merits.
- Who is affected by this decision?
- The appellant, Jillian Warren, is directly affected because her appeal has been dismissed; the appellees, Mark Rendon and Stellar Executive Group Inc., are beneficiaries of the dismissal.
- What happens next for the appellant?
- The appellant may seek reinstatement or file a motion for rehearing if Texas appellate rules allow and if filed within the applicable time period, but relief is not guaranteed and is subject to the court’s discretion.
- Why was the appeal dismissed?
- Because the appellant failed to file her appellate brief by the deadline, did not request an extension, and did not respond to the court’s notice to cure the default by a set date.
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
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00916-CV
Jillian Warren, Appellant
v.
Mark Rendon and Stellar Executive Group Inc., Appellees
FROM THE 169TH DISTRICT COURT OF BELL COUNTY
NO. 24DCV347429, THE HONORABLE CARI L. STARRITT-BURNETT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant’s brief was originally due on March 2, 2026. On March 12, 2026, this
Court sent a notice to appellant informing her that her brief was overdue and that a failure to file
a satisfactory response by March 23, 2026 would result in the dismissal of this appeal for want of
prosecution. To date, appellant has not filed a brief or a motion for extension of time.
Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
__________________________________________
Rosa Lopez Theofanis, Justice
Before Chief Justice Byrne, Justices Theofanis and Crump
Dismissed for Want of Prosecution
Filed: April 7, 2026