What did the court decide?

The court dismissed the appeal because the appellant failed to file the required brief and did not respond to the court's warning.

Who is affected by this decision?

The decision affects appellant Terrell Samuels and appellee Brunswick Group, LLC; it ends the appeal process in this court.

What happens to any motions that were pending?

All pending motions were dismissed as moot by the court.

Can this dismissal be challenged?

The opinion does not discuss further relief; a party seeking relief would typically need to file a motion for reinstatement or other appropriate post-judgment motion in accordance with the appellate rules, subject to any applicable deadlines.

Terrell Samuels v. Brunswick Group, LLC

Docket 01-25-00991-CV

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

CivilDismissed

Filed: Apr 21, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 01-25-00991-CV

Appeal from the County Civil Court at Law No. 3, Harris County, Texas; appellant failed to timely file an appellate brief.

Summary

The Court of Appeals dismissed Terrell Samuels’ appeal from a judgment of the County Civil Court at Law No. 3, Harris County, because Samuels failed to timely file an appellant’s brief and did not provide a reasonable explanation after being warned. The court cited Texas Rules of Appellate Procedure governing briefing deadlines and the court’s authority to dismiss appeals for failure to prosecute. Any pending motions were dismissed as moot.

Issues Decided

Whether the appeal should be dismissed for failure to timely file an appellant's brief under Texas Rule of Appellate Procedure 38.6(a) and 38.8(a).
Whether the court may involuntarily dismiss the appeal for failure to respond to a warning under Texas Rule of Appellate Procedure 42.3(b).

Court's Reasoning

The court relied on the appellate rules that require an appellant to file a brief within the prescribed time and authorize dismissal when an appellant fails to comply. The court warned the appellant and gave an opportunity to explain but received no response, so dismissal was appropriate under the rules. Because the appeal was dismissed for procedural default, any pending motions were rendered moot.

Authorities Cited

Texas Rule of Appellate Procedure 38.6(a)
Texas Rule of Appellate Procedure 38.8(a)
Texas Rule of Appellate Procedure 42.3(b)–(c)

Parties

Appellant: Terrell Samuels
Appellee: Brunswick Group, LLC
Court: Court of Appeals, First District of Texas (Panel: Chief Justice Adams; Justices Guerra and Guiney)

Key Dates

Opinion issued: 2026-04-21

What You Should Do Next

1
Consider motion for reinstatement
If eligible, the appellant may file a motion for reinstatement or a motion for extension/excuse with the appellate court, explaining the failure to file and providing any required documentation, within the time limits set by the appellate rules.
2
Consult an appellate attorney
Seek counsel promptly to evaluate whether grounds exist to challenge the dismissal or pursue other relief, and to ensure adherence to procedural deadlines.
3
Review trial-court judgment and options
If reinstatement is not possible, the appellant should review the underlying trial-court judgment with counsel to determine whether any post-judgment relief remains available at the trial level.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the appellant failed to file the required brief and did not respond to the court's warning.
Who is affected by this decision?: The decision affects appellant Terrell Samuels and appellee Brunswick Group, LLC; it ends the appeal process in this court.
What happens to any motions that were pending?: All pending motions were dismissed as moot by the court.
Can this dismissal be challenged?: The opinion does not discuss further relief; a party seeking relief would typically need to file a motion for reinstatement or other appropriate post-judgment motion in accordance with the appellate rules, subject to any applicable deadlines.

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

Opinion issued April 21, 2026




                                       In The

                                Court of Appeals
                                      For The

                           First District of Texas
                              ————————————
                               NO. 01-25-00991-CV
                             ———————————
                        TERRELL SAMUELS, Appellant
                                          V.
                     BRUNSWICK GROUP, LLC, Appellee


             On Appeal from the County Civil Court at Law No. 3
                           Harris County, Texas
                       Trial Court Case No. 1253721


                           MEMORANDUM OPINION

      Appellant Terrell Samuels has not timely filed a brief. See TEX. R. APP. P.

38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file

brief). We warned appellant that we would dismiss the appeal absent a reasonable

explanation for the failure to file a brief. See id. Appellant did not respond as we
requested. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case).

      Accordingly, we dismiss the appeal in accordance with Texas Rule of

Appellate Procedure 42.3(b) –(c). We dismiss any pending motions as moot.

                                 PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Guiney.




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