Elisha Holloway v. The Julian at South Pointe - Appeal Dismissed for Procedural Non-Compliance
Summary
The Texas Court of Appeals, 10th District (Waco) dismissed Elisha Holloway's appeal from a judgment for possession of real property and monetary damages. The dismissal was based on Appellant's failure to file the required docketing statement despite two notifications from the Court Clerk — the first setting a March 16, 2026 deadline and the second warning of dismissal if the statement was not filed by April 10, 2026. The Court also dismissed Appellant's motion for emergency relief as moot. This is a procedural enforcement action; no substantive merits of the underlying landlord-tenant dispute were addressed.
“Accordingly, we dismiss this appeal for want of prosecution and for the failure to follow a directive of the Clerk of this Court.”
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What changed
The Court dismissed the appeal after Appellant failed to file the required docketing statement by the extended deadline of April 10, 2026. Appellant had been notified by letter on March 5, 2026 that the docketing statement was required by March 16, 2026, and was subsequently warned that failure to file could result in dismissal without further notice. Neither the docketing statement nor a request for extension was received. The Court dismissed the appeal for want of prosecution under Texas Rules of Appellate Procedure 32.1 and 42.3(b), (c). Appellant's pending motion for emergency relief was dismissed as moot.
Landlord-tenant litigants and their counsel should ensure compliance with appellate procedural requirements in Texas courts. Failure to file required docketing statements, even when a substantive appeal exists, can result in summary dismissal. Pro se litigants are particularly at risk, as this case demonstrates the consequences of non-compliance with Clerk-directed deadlines.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 23, 2026 Get Citation Alerts Download PDF Add Note
Elisha Holloway v. the Julian at South Pointe Dba the Julian at South Pointe
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-26-00060-CV
- Nature of Suit: Landlord & tenant
Disposition: Dismissed
Disposition
Dismissed
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00060-CV
Elisha Holloway,
Appellant
v.
The Julian at South Pointe dba The Julian at South Pointe,
Appellee
On appeal from the
County Court at Law No. 1 of Ellis County, Texas
Judge James S. Chapman, presiding
Trial Court Cause No. 25-C-4110
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Elisha Holloway appealed from a judgment for possession of real
property and monetary damages. On March 5, 2026, Appellant was notified
by letter from the Clerk of this Court that a docketing statement was required
to be completed and returned to this Court by Monday, March 16, 2026. The
required docketing statement was not received. See TEX. R. APP. P. 32.1.
By subsequent letter, the Clerk of this Court notified Appellant that the
docketing statement had not been filed and warned her that the Court may
dismiss the appeal without further notice if a docketing statement was not filed
on or before Friday, April 10, 2026. See TEX. R. APP. P. 42.3(c).
As of the date of this opinion, we have not received the docketing
statement nor have we received any request for an extension of time to file the
docketing statement. Accordingly, we dismiss this appeal for want of
prosecution and for the failure to follow a directive of the Clerk of this Court.
See TEX. R. APP. P. 32.1, 42.3(b), (c). Appellant’s motion for emergency relief is
dismissed as moot.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: April 23, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed;
Motion dismissed as moot
CV06
Holloway v. The Julian at South Pointe Page 2
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