Latoya Lavasiee Hopkins v. Woodlake Trails
Docket 04-26-00019-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 04-26-00019-CV
Appeal from a decision of the County Court at Law No. 3, Bexar County, Texas; court reviewed appellant's failure to prosecute the appeal.
Summary
The Fourth Court of Appeals dismissed Latoya Lavasiee Hopkins’s appeal from the County Court at Law No. 3, Bexar County for want of prosecution because she repeatedly failed to file her appellate brief or request extensions despite notices and a court order. The appellate court gave deadlines and warnings under the Texas Rules of Appellate Procedure but Hopkins did not respond. Because she did not comply with the court’s order to file a brief by the specified date, the court exercised its authority to dismiss the appeal.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution because the appellant failed to timely file an appellate brief or seek extensions.
- Whether the appellate court may dismiss an appeal for failure to comply with a court order under the Texas Rules of Appellate Procedure.
Court's Reasoning
The court relied on the Texas Rules of Appellate Procedure that allow dismissal when an appellant fails to file a brief and does not comply with court orders. The clerk notified the appellant of the late brief and the court issued a specific order with a deadline and a warning that failure to comply could result in dismissal. Because the appellant did not file the brief, a motion for extension, or respond to the order by the deadline, dismissal for want of prosecution was appropriate.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 38.8(a)(1)
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.3(c)
Parties
- Appellant
- Latoya Lavasiee Hopkins
- Appellee
- Woodlake Trails
- Judge
- Cesar Garcia
Key Dates
- Opinion filed
- 2026-04-15
- Original brief due date
- 2026-02-20
- Court order to file brief by
- 2026-03-27
- Court order sent
- 2026-03-17
What You Should Do Next
- 1
Consult an attorney immediately
An attorney can evaluate options for seeking reinstatement of the appeal or other post-judgment relief and advise on deadlines and required filings.
- 2
File a motion for reinstatement or for leave to file late brief
If eligible, the appellant should promptly prepare and file a motion explaining the reasons for the failure to file and showing good cause and diligence.
- 3
Preserve the record and any deadlines
Gather the trial-court record, notices, and any evidence explaining the delay to support any motion and act quickly to meet any procedural windows for relief.
Frequently Asked Questions
- What does this dismissal mean?
- The appeal is ended because the appellant did not file required documents or follow the court's order; the trial court's judgment stands unless the appellant successfully seeks reinstatement or other relief.
- Who is affected by this decision?
- The appellant, Latoya Lavasiee Hopkins, is directly affected because her appeal has been dismissed; the appellee, Woodlake Trails, benefits from the dismissal because the underlying judgment will remain in effect.
- What happened to the appellant's right to appeal?
- The appeal was dismissed for failure to prosecute; the appellant may have limited options to reinstate the appeal if she shows good cause and moves promptly under applicable rules.
- Can this dismissal be appealed or reversed?
- Dismissals for want of prosecution can sometimes be challenged by a motion for reinstatement or other post-judgment relief in the appellate court, but relief is discretionary and typically requires a prompt showing of good cause for the default.
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
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00019-CV
Latoya Lavasiee HOPKINS,
Appellant
v.
WOODLAKE TRAILS,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2025-CV-09005
Honorable Cesar Garcia, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Velia J. Meza, Justice
Delivered and Filed: April 15, 2026
DISSMISSED FOR WANT OF PROSECUTION
Appellant’s brief was originally due on February 20, 2026. After neither appellant’s brief
nor a motion for extension of time was filed, the clerk of this court sent appellant a notice of late
brief. Again, appellant failed to file her brief or a motion for extension of time. On March 17, 2025,
we ordered appellant to file her brief in this court on or before March 27, 2026, and warned her
that failure to do so could result in her appeal being dismissed for want of prosecution. See TEX.
R. APP. P. 38.8(a)(1) (allowing appellate courts to dismiss an appeal for want of prosecution when
04-26-00019-CV
an appellant fails to timely file a brief); see also id. R. 42.3(c) (allowing appellate courts to dismiss
an appeal when an appellant fails to comply with a court order).
To date, appellant has not responded to our order nor filed her brief or a motion for
extension of time. Accordingly, this appeal is dismissed for want of prosecution. See TEX. R. APP.
P. 38.8(a)(1); 42.3(c).
PER CURIAM
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