in the Matter of the Marriage of Tahnee Ann McQueen and Michael Christopher McQueen and in the Interest of A.J.M and N.A.M, Children ( 2022 )

NUMBER 13-22-00149-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE MATTER OF THE MARRIAGE OF TAHNEE ANN MCQUEEN
AND MICHAEL CHRISTOPHER MCQUEEN AND IN THE INTEREST OF
A.J.M AND N.A.M, CHILDREN
On appeal from the 414th District Court
of McLennan County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Tijerina
This cause is before the Court on its own motion.1 On March 21, 2022, appellant
Tahnee Ann McQueen filed a pro se notice of appeal regarding a final decree of divorce
signed in trial court cause number 2021-1959-5 in the 414th District Court of McLennan
County, Texas. On May 3, 2022, the Clerk of this Court notified appellant that her brief
1This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001.
had not been timely filed. The Clerk advised appellant that the appeal would be dismissed
for want of prosecution unless, within ten days from the date of this letter, appellant
reasonably explained the failure and the appellee was not significantly injured by the
appellant’s failure to timely file a brief. See TEX. R. APP. P. 38.8(a). Appellant did not
respond to the Clerk’s notice or file a brief in this matter.
Appellate courts possess the authority to dismiss an appeal for want of prosecution
when an appellant in a civil case fails to timely file the appellant’s brief and gives no
reasonable explanation for the failure. See id. R. 38.8(a)(1); id. R. 42.3(b); Am. Bail Bonds
v. City of El Paso, 225 S.W.3d 612, 612 (Tex. App.—El Paso 2006, no pet.); Newman v.
Clark, 113 S.W.3d 622, 623 (Tex. App.—Dallas 2003, no pet.) (per curiam). Similarly,
courts may dismiss an appeal for want of prosecution generally or because the appellant
has failed to comply with a requirement of the appellate rules, a court order, or a notice
from the appellate court clerk requiring a response or other action within a specified time.
See TEX. R. APP. P. 42.3 (b), (c).
The Court, having examined and fully considered the documents on file and
appellant’s failure to file a brief, is of the opinion that this appeal should be dismissed.
Accordingly, we dismiss the appeal for want of prosecution. See id. R. 38.8(a), 42.3(b),
(c).
JAIME TIJERINA
Justice
Delivered and filed on the
7th day of July, 2022.
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