Kathy S. Davis v. Earl Gilbert Estate
Kathy S. Davis v. Earl Gilbert Estate
Opinion
Opinion issued June 12, 2025
In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00930-CV ——————————— KATHY DAVIS, Appellant V. EARL M. GILBERT IRREVOCABLE TRUST, Appellee
On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1210475
MEMORANDUM OPINION Appellant, Kathy Davis, proceeding pro se, filed a notice of appeal from the trial court’s December 8, 2023 final judgment. Appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief).
The clerk’s record was filed on February 20, 2024, and the reporter’s record was filed by October 11, 2024. Accordingly, appellant’s brief was due on November 13, 2024. See TEX. R. APP. P. 38.6(a). Appellant failed to timely file a brief.
On February 3, 2025, the Clerk of this Court notified appellant that the time for filing a brief had expired and the appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court).
Despite the notice that this appeal was subject to dismissal, appellant did not adequately respond.
Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c); 43.2(f). All pending motions are dismissed as moot.
PER CURIAM Panel consists of Justices Guerra, Gunn, and Dokupil.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.