Brooxie Brown v. Costa Rialto Ltd.

Reinstated, Dismissed, and Memorandum Opinion filed December 5, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00568-CV

BROOXIE BROWN, Appellant
V.

COSTA RIALTO LTD., Appellee

On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 1198542

MEMORANDUM OPINION

This is an appeal from a judgment signed on August 3, 2023. On October
15, 2024, we struck appellant’s brief, informing her that the brief failed to comply
with Rule 38.1 of the Texas Rules of Appellate Procedure because it did not (1)
state concisely all issues presented for review, (2) state concisely and without
argument the facts pertinent to the issues or points presented, (3) contain a
succinct, clear, and accurate statement of the arguments made in the body of the
brief, and (4) contain a clear and concise argument for the contentions made with
appropriate citations to authorities and to the record. See Tex. R. App. P. 38.1(f),
(g), (h), and (i). We ordered appellant to file a brief complying with Rule 38.1
within 21 days of our October 15, 2024 order and abated the appeal for a period of
21 days.

We informed appellant that if she filed another noncompliant brief, the
appeal could be dismissed for want of prosecution. See id. 38.8(a)(1), 38.9(a);
Harkins v. Dever Nursing Home, 999 S.W.2d 571, 572-73 (Tex. App.—Houston
[14th Dist.] 1999, no pet.) (reasoning that the court could dismiss the appeal or
affirm the trial court’s judgment without examining the record pursuant to Rule
38.8 since the appellant’s amended brief did not contain a single citation to the
record; choosing to affirm without examining the record); see also Rendleman v.
Clarke, 909 S.W.2d 56, 59 (Tex. App.—Houston [14th Dist.] 1995, writ dism’d)
(error waived when appellant had ample notice of briefing defects and opportunity
to rebrief).

Appellant did not file a brief. When an appellant fails to file a brief, we may
dismiss her appeal for want of prosecution. See Tex. R. App. P. 38.8(a). After
being notified that this appeal was subject to dismissal, appellant did not timely file
a brief or respond. Accordingly, we reinstate the appeal on this court’s active
docket and dismiss the appeal. See id. 42.3, 43.2(f).

/s/ Meagan Hassan
Justice

Panel consists of Justices Jewell, Zimmerer, and Hassan.

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