Tumininu Banwo v. Sandra Edoka Banwo
Docket 02-25-00615-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 02-25-00615-CV
Appeal from the 325th District Court, Tarrant County—appeal dismissed for failure to file an appellant's brief after notice and opportunity to explain.
Summary
The Second Court of Appeals, Fort Worth, dismissed Tumininu Banwo's appeal from the 325th District Court for want of prosecution because the appellant failed to file the required appellate brief. The court had notified appellant after the March 16, 2026 brief deadline and gave a grace period until March 30, 2026 to file the brief and explain the delay, but received no response. Because the appellant did not comply with Texas appellate rules or offer an explanation, the court dismissed the appeal and ordered appellant to pay all appellate costs.
Issues Decided
- Whether the appeal should be dismissed for want of prosecution due to failure to file an appellant's brief as required by the Texas Rules of Appellate Procedure.
- Whether the appellant's failure to respond to the court's notice and to provide a motion explaining the untimely filing justified dismissal under Texas appellate rules.
Court's Reasoning
Texas appellate rules require an appellant to file a brief by a set deadline and permit dismissal if the appellant does not comply or fails to reasonably explain the delay. The court notified appellant of the missed deadline and gave an opportunity to file the brief and a motion explaining the delay by a set date. Because appellant failed to file the brief or any explanatory motion within the extended time, the court applied the rules and dismissed the appeal for want of prosecution and taxed costs to the appellant.
Authorities Cited
- Texas Rules of Appellate Procedure 38.6(a)
- Texas Rules of Appellate Procedure 10.5(b)
- Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), 43.2(f)
Parties
- Appellant
- Tumininu Banwo
- Appellee
- Sandra Edoka Banwo
- Judge
- Womack
- Judge
- Wallach
- Judge
- Walker
Key Dates
- appellant brief due
- 2026-03-16
- court notice to appellant
- 2026-03-18
- deadline to file brief and explanation
- 2026-03-30
- decision delivered
- 2026-04-16
What You Should Do Next
- 1
Consult an attorney immediately
Talk with appellate counsel right away to evaluate grounds for a motion for reinstatement or other post-judgment relief and to confirm applicable deadlines for seeking relief.
- 2
Consider filing a motion for reinstatement or other relief
If there is a valid explanation (excusable neglect, misdelivery, etc.), prepare a motion showing reasonable explanation and diligence and file it as soon as possible under the Texas Rules of Appellate Procedure.
- 3
Pay assessed appellate costs or seek relief
Comply with the order to pay appellate costs or request a stay or relief from payment if pursuing reinstatement, per counsel's advice.
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 notice asking for the brief and an explanation.
- Who is affected by this decision?
- The appellant, Tumininu Banwo, is directly affected—the appeal is dismissed and he must pay the costs; the appellee's position is preserved.
- Can this dismissal be undone?
- Possibly, but only by seeking relief under the rules (for example, a motion for reinstatement or other authorized relief) and showing good cause or that the failure was not the appellant's fault; prompt consultation with counsel is advisable.
- What are the immediate consequences?
- The appeal is terminated and the appellant is ordered to pay all costs of the appeal.
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
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00615-CV
___________________________
TUMININU BANWO, Appellant
V.
SANDRA EDOKA BANWO, Appellee
On Appeal from the 325th District Court
Tarrant County, Texas
Trial Court No. 325-767099-25
Before Womack, Wallach, and Walker, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
Appellant’s brief was due on March 16, 2026. On March 18, 2026, we notified
appellant that his brief had not been filed as the appellate rules require. See Tex. R.
App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution
unless, on or before March 30, 2026, appellant filed with the court an appellant’s brief
and an accompanying motion reasonably explaining the brief’s untimely filing and
why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We
have received no response.
Because appellant has failed to file a brief even after we afforded an
opportunity to explain the initial failure, we dismiss the appeal for want of
prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).
Appellant must pay all costs of this appeal.
Per Curiam
Delivered: April 16, 2026
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