Briefing Deadlines are Jurisdictional Death: 14th Court Reminds Litigants that Failure to File Results in Automatic Dismissal under TRAP 42.3(b)
Memorandum Opinion Per Curiam, 14-25-00894-CV, February 03, 2026.
On appeal from the County Civil Court at Law No. 4, Harris County, Texas.
Synopsis
The Fourteenth Court of Appeals dismissed this appeal for want of prosecution after the appellant failed to file a merits brief or respond to the court’s formal notice of impending dismissal. The ruling reaffirms that appellate deadlines are not mere suggestions and that a failure to engage with the court once the record is filed results in a jurisdictional dead-end under Texas Rule of Appellate Procedure 42.3(b).
Relevance to Family Law
In the context of family law litigation—particularly in high-stakes property divisions or SAPCR modifications—the transition from the trial court to the appellate stage is a precarious period where many practitioners inadvertently drop the ball. While family law litigators are often focused on the next “emergency” hearing, this case serves as a critical reminder that once a notice of appeal is filed, the clock is governed strictly by the appellate record’s filing date. Failing to monitor the clerk’s record and missing the subsequent briefing window results in the immediate and unceremonious forfeiture of the client’s right to challenge a decree or custody order, regardless of the underlying merits of the case.
Case Summary
Fact Summary
The appellant, Chelsea Watson, initiated an appeal from a judgment signed on October 13, 2025. The appellate process began with the court reporter notifying the court in November 2025 that no reporter’s record existed. Subsequently, the clerk’s record was officially filed on December 16, 2025. Under the Texas Rules of Appellate Procedure, this filing triggered the appellant’s deadline to file her brief. When no brief was forthcoming, the Fourteenth Court of Appeals issued a specific warning on January 16, 2026. This notice informed the appellant that the appeal would be dismissed unless a brief was filed by January 26, 2026. The appellant failed to file the brief and offered no other response to the court’s inquiry.
Issues Decided
The primary issue was whether the appellate court should dismiss an appeal for want of prosecution when the appellant fails to file a brief or respond to a formal notice regarding the briefing deadline pursuant to Texas Rule of Appellate Procedure 42.3(b).
Rules Applied
The court applied Texas Rule of Appellate Procedure 42.3(b), which permits an involuntary dismissal of an appeal for want of prosecution. Additionally, the court’s action is supported by Rule 38.8(a)(1), which outlines the specific remedies available to the court when an appellant fails to timely file a brief, including dismissal of the appeal.
Application
The court’s application of the law was procedural and absolute. Once the clerk’s record was filed in December, the burden shifted entirely to the appellant to prosecute the appeal with “reasonable diligence.” By failing to file a brief within the statutory window, the appellant triggered the court’s power to dismiss. However, consistent with appellate due process, the court provided a ten-day “grace period” via a notice of impending dismissal. When the appellant ignored this second opportunity to either file the brief or move for an extension of time, the court concluded that the appellant had abandoned the appeal. The court’s narrative is clear: silence in the face of a court notice is interpreted as a lack of intent to prosecute, leaving the court with no alternative but to clear its docket.
Holding
The court held that the appeal must be dismissed for want of prosecution. Because the appellant failed to comply with the briefing requirements and ignored a direct court notice, the court exercised its authority under Rule 42.3(b).
The court further held that dismissal was appropriate without further notice. Having already provided a warning that dismissal was imminent, the court was not required to provide additional leeway or search the record for unassigned error.
Practical Application
For the family law practitioner, the “danger zone” begins the moment the Clerk’s Record is filed. In many cases, a trial attorney may still be negotiating a settlement or dealing with post-judgment motions while the appellate clock is running. This case teaches that the Court of Appeals will not sua sponte wait for the parties to resolve their differences. Practitioners must ensure that their internal calendaring systems are tied to the appellate court’s online portal. If a settlement is in progress, the proper procedure is to file a Motion to Abate or a Motion for Extension of Time, rather than allowing the briefing deadline to pass in silence.
Checklists
Appellate Deadline Management
- Monitor the Record: Check the Fourteenth Court’s website weekly to see if the Clerk’s Record or Reporter’s Record has been filed.
- Calculate the Trigger: The 30-day briefing clock starts from the date the last part of the record is filed.
- Verify Notification: Ensure the email address on file with the electronic filing system is actively monitored; notices of dismissal are often sent via automated alerts.
Avoiding Involuntary Dismissal
- File for Extensions Early: If a brief cannot be completed, file a Motion for Extension of Time before the deadline, not after receiving a 42.3 notice.
- Respond to the Court: If you receive a “Notice of Impending Dismissal,” respond within the ten-day window, even if it is only to request more time or explain a delay in the record.
- Evaluate the Record: If no reporter’s record was taken (as in this case), the briefing deadline is fixed solely by the Clerk’s Record.
Citation
Watson v. CHC Harris, LLC, No. 14-25-00894-CV, 2026 WL [TBD] (Tex. App.—Houston [14th Dist.] Feb. 3, 2026, no pet. h.) (mem. op.).
Full Opinion
Family Law Crossover
This ruling is a potent weapon for an Appellee in a domestic relations case. If an ex-spouse files a “revenge appeal” to delay the sale of a marital residence or the enforcement of a custody change but fails to follow through with a brief, the Appellee does not need to wait for the court to act. An Appellee can affirmatively move for dismissal under TRAP 42.3(b) once the briefing deadline has passed. In parental rights termination cases or accelerated appeals, this tactic is even more effective, as the courts are under strict mandates to resolve those cases quickly. Use this precedent to argue that the Appellant’s failure to brief constitutes a waiver of all issues, allowing your client to move forward with the trial court’s judgment with finality.
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