Isaac Mills III v. VR Estancia Holdings - Appeal Dismissed
Summary
The Texas Court of Appeals, Sixth District dismissed appeal No. 06-25-00105-CV for want of prosecution after pro se appellant Isaac Mills III failed to file an appellate brief despite court warnings. The appeal arose from a forcible entry and detainer action originating in Denton County. The court applied Texas Rules of Appellate Procedure 38.8 and 42.3 to dismiss.
What changed
The Texas Court of Appeals dismissed appeal No. 06-25-00105-CV for want of prosecution. Appellant Isaac Mills III timely noticed an appeal from a forcible entry and detainer case on September 24, 2025, but failed to file a brief by the January 29, 2026 deadline and ignored the court's February warning letter giving until March 2, 2026. The court exercised authority under Rules 38.8(a)(1), 42.3(b), and (c) of the Texas Rules of Appellate Procedure.
Practitioners handling appellate matters must ensure brief deadlines are met or promptly request extensions. Pro se litigants face the same procedural requirements as counsel. Failure to respond to court communications risks dismissal. The underlying trial court judgment in favor of VR Estancia Holdings, LP remains intact, and the appellant has exhausted this avenue of appeal.
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March 31, 2026 Get Citation Alerts Download PDF Add Note
Isaac Mills III and All Other Occupants v. VR Estancia Holdings, LP
Texas Court of Appeals, 6th District (Texarkana)
- Citations: None known
- Docket Number: 06-25-00105-CV
- Nature of Suit: Forcible entry & detainer
Disposition: Dismissed
Disposition
Dismissed
Lead Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-25-00105-CV
ISAAC MILLS III AND ALL OTHER OCCUPANTS, Appellants
V.
VR ESTANCIA HOLDINGS, LP, Appellee
On Appeal from the County Court at Law No. 2
Denton County, Texas
Trial Court No. CV-2025-03180-JP
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
Pro se Appellant, Isaac Mills III (Appellant), filed a timely notice of appeal on
September 24, 2025.1 The clerk’s record was filed on November 4, 2025. Appellant’s brief was
due on January 29, 2026. When neither a brief nor a motion to extend time for filing same was
received by February 13, 2026, this Court advised Appellant by letter that his brief was late. We
also warned Appellant that the failure to file a brief by March 2, 2026, would subject this appeal
to dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
Appellant did not respond to our communication and did not file an appellate brief.
Because we received no response to our letter of February 13, 2026, Appellant’s appeal is ripe
for dismissal for want of prosecution. Consequently, pursuant to Rules 38.8 and 42.3 of the
Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX. R.
APP. P. 38.8(a)(1), 42.3(b), (c).
Charles van Cleef
Justice
Date Submitted: March 30, 2026
Date Decided: March 31, 2026
1
Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.).
2
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