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Nikki Arnold v. Resolute Hancock, LLC

Docket 03-25-00371-CV

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

CivilDismissed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 3rd District (Austin)
Type
Lead Opinion
Case type
Civil
Disposition
Dismissed
Docket
03-25-00371-CV

Appeal from the County Court at Law No. 2 of Travis County dismissed for failure to file appellant's brief

Summary

The Texas Court of Appeals dismissed Nikki Arnold’s appeal from the County Court at Law No. 2 of Travis County because she failed to file her appellate brief. The brief was due February 11, 2026; the court notified Arnold on February 18 that she had until March 2 to respond or face dismissal for want of prosecution. No brief or extension motion was filed, so the appellate court dismissed the appeal under the Texas Rules of Appellate Procedure.

Issue Decided

  • Whether the appeal should be dismissed for want of prosecution because the appellant failed to file a brief or seek an extension after being given notice.

Court's Reasoning

The court relied on its authority under the Texas Rules of Appellate Procedure to dismiss appeals when appellants do not prosecute them. The appellant missed the February 11 brief deadline, received notice on February 18 and a deadline of March 2 to respond, and did not file a brief or request an extension. Because the appellant did not take the required steps to move the appeal forward, dismissal for want of prosecution was appropriate.

Authorities Cited

  • Texas Rules of Appellate ProcedureTex. R. App. P. 42.3(b)

Parties

Appellant
Nikki Arnold
Appellee
Resolute Hancock, LLC
Judge
Todd T. Wong
Judge
Chari L. Kelly

Key Dates

brief due date
2026-02-11
notice sent to appellant
2026-02-18
response deadline given in notice
2026-03-02
opinion filed (dismissal date)
2026-04-07

What You Should Do Next

  1. 1

    Consult an attorney immediately

    Contact appellate counsel right away to evaluate whether a motion for reinstatement or other post-judgment relief can be filed and to identify applicable deadlines.

  2. 2

    Check for local rules and deadlines

    Determine any short statutory or rule-based windows for seeking reinstatement or relief from the dismissal and prepare supporting evidence of good cause if available.

  3. 3

    Prepare motion for reinstatement if appropriate

    If there is a viable excuse for the missed deadline, prepare and file a motion to reinstate the appeal with supporting affidavits and the overdue brief as required.

Frequently Asked Questions

What does this decision mean?
The appeals court closed the case because the appellant did not file the required brief or ask for more time, so the appeal will not proceed.
Who is affected by the dismissal?
The appellant, Nikki Arnold, is directly affected because her appeal is dismissed; the appellee (Resolute Hancock, LLC) is relieved of defending the appeal.
Can this be undone or appealed further?
A dismissed appeal may sometimes be reinstated if the appellant shows good cause or files a motion for reinstatement promptly; she should consult counsel about any available post-dismissal relief and any applicable deadlines.
What are the legal grounds for dismissal?
The court dismissed the appeal under Texas Rule of Appellate Procedure 42.3(b) for want of prosecution due to failure to file a brief after 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
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



                                      NO. 03-25-00371-CV


                                    Nikki Arnold, Appellant

                                               v.

                               Resolute Hancock, LLC, Appellee


           FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
      NO. C-1-CV-25-002174, THE HONORABLE TODD T. WONG, JUDGE PRESIDING



                            MEMORANDUM OPINION


               Appellant’s brief was due on February 11, 2026. On February 18, 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 2 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).



                                            __________________________________________
                                            Chari L. Kelly, Justice

Before Justices Triana, Kelly, and Ellis

Dismissed for Want of Prosecution

Filed: April 7, 2026