What does this dismissal mean?

It means the appeals court ended the appeal because the appellant did not prosecute it by failing to file the required brief and not responding to the court’s notice.

Who is affected by the dismissal?

The appellant, Katherine Wesley King, is affected because she loses her appellate opportunity; the appellee likely retains the trial court’s default judgment.

Can this decision be undone or appealed further?

A dismissal for want of prosecution is typically final, but the appellant might seek reinstatement or file a motion for rehearing or a motion to reinstate the appeal if she can show good cause and timely action; she should consult counsel immediately.

What were the legal grounds for dismissal?

The court dismissed the appeal under Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) for failure to file a brief and failure to prosecute.

Katherine Wesley King v. Nova Shadow Holdings LLC, Trustee of the Greenfield Residence Trust

Docket 07-25-00381-CV

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

CivilDismissed

Filed: Apr 13, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 7th District (Amarillo)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 07-25-00381-CV

Appeal from a county court-at-law default judgment in a civil action

Summary

The Court of Appeals for the Seventh District of Texas dismissed Katherine Wesley King’s appeal from a Denton County default judgment because she failed to file her appellate brief. The appellant’s brief was due March 9, 2026; the court notified her on March 16 that the appeal could be dismissed if no brief arrived by March 26, 2026. King did not file a brief or otherwise communicate with the court, so the panel dismissed the appeal for want of prosecution under the Texas Rules of Appellate Procedure.

Issues Decided

Whether the appeal should be dismissed for want of prosecution when the appellant failed to file a brief by the deadline
Whether the court’s notice that the appeal would be dismissed if no brief was filed cured any procedural deficiency

Court's Reasoning

The court relied on the Texas Rules of Appellate Procedure governing dismissal for want of prosecution. The appellant’s brief was not filed by the deadline and she failed to respond to the court’s notice giving a final extension. Because the appellant did not act to prosecute the appeal or communicate with the court, dismissal was appropriate under the cited rules.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 38.8(a)(1), 42.3(b)

Parties

Appellant: Katherine Wesley King
Appellee: Nova Shadow Holdings LLC, Trustee of the Greenfield Residence Trust
Judge: Robert Ramirez

Key Dates

Brief due date: 2026-03-09
Court notice giving final deadline: 2026-03-16
Final deadline set by court: 2026-03-26
Opinion date: 2026-04-13

What You Should Do Next

1
Consult an attorney immediately
An attorney can advise whether a motion to reinstate or for rehearing is possible and prepare any required filings showing good cause for the missed deadlines.
2
Prepare a motion to reinstate or for rehearing
If eligible, file promptly a motion explaining the reasons for the failure to prosecute, providing evidence of excusable neglect, and requesting reinstatement of the appeal.
3
Comply with the trial court judgment
While pursuing appellate relief, ensure compliance with any deadlines or obligations arising from the underlying default judgment to avoid additional adverse consequences.

Frequently Asked Questions

What does this dismissal mean?: It means the appeals court ended the appeal because the appellant did not prosecute it by failing to file the required brief and not responding to the court’s notice.
Who is affected by the dismissal?: The appellant, Katherine Wesley King, is affected because she loses her appellate opportunity; the appellee likely retains the trial court’s default judgment.
Can this decision be undone or appealed further?: A dismissal for want of prosecution is typically final, but the appellant might seek reinstatement or file a motion for rehearing or a motion to reinstate the appeal if she can show good cause and timely action; she should consult counsel immediately.
What were the legal grounds for dismissal?: The court dismissed the appeal under Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) for failure to file a brief and failure to prosecute.

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

In The
                              Court of Appeals
                     Seventh District of Texas at Amarillo

                                    No. 07-25-00381-CV


                       KATHERINE WESLEY KING, APPELLANT

                                            V.

                      NOVA SHADOW HOLDINGS LLC,
          TRUSTEE OF THE GREENFIELD RESIDENCE TRUST, APPELLEE

                        On Appeal from the County Court at Law No. 2
                                   Denton County, Texas
           Trial Court No. CV-2025-04168-JP, Honorable Robert Ramirez, Presiding

                                      April 13, 2026
                            MEMORANDUM OPINION
                     Before DOSS and YARBROUGH and PRATT, JJ.


       Appellant, Katherine Wesley King, proceeding pro se, appeals from the trial court’s

Default Judgment. Appellant’s brief was due March 9, 2026, but was not filed. By letter

of March 16, 2026, we notified Appellant that the appeal was subject to dismissal for want

of prosecution, without further notice, if a brief was not received by March 26, 2026. To

date, Appellant has neither filed a brief nor had any further communication with this Court.
       Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P.

38.8(a)(1), 42.3(b).


                                                     Per Curiam




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