Mark Smith v. Steptoe & Johnson PLLC - Malpractice
Summary
The Texas Court of Appeals, 3rd District, dismissed the appeal in Mark Smith v. Steptoe & Johnson PLLC for want of prosecution. The dismissal occurred because the appellant failed to file a required brief or motion for extension by the court's deadline.
What changed
The Texas Court of Appeals, 3rd District, has dismissed the appeal in case number 03-25-00908-CV, Mark Smith v. Steptoe & Johnson PLLC, for want of prosecution. The court issued a notice to the appellant on February 9, 2026, stating that failure to file a satisfactory response, specifically a brief or motion for extension, by February 19, 2026, would result in dismissal. As the appellant did not comply, the appeal was dismissed on February 27, 2026, pursuant to Tex. R. App. P. 42.3(b).
This action signifies the closure of the appellate case due to the appellant's inaction. For legal professionals involved in appeals, this serves as a reminder of the strict adherence required for court deadlines and procedural rules. Failure to file necessary documents, such as briefs, by the stipulated dates can lead to the dismissal of an appeal, effectively ending the legal challenge at the appellate level without a substantive review of the merits.
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Feb. 27, 2026 Get Citation Alerts Download PDF Add Note
Mark Smith v. Steptoe & Johnson PLLC
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00908-CV
- Nature of Suit: Malpractice
Disposition: Dismissed for Want of Prosecution
Disposition
Dismissed for Want of Prosecution
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00908-CV
Mark Smith, Appellant
v.
Steptoe & Johnson PLLC, Appellee
FROM THE 455TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-25-002142, THE HONORABLE CATHERINE A. MAUZY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant’s brief was originally due on January 2, 2026. On February 9, 2026,
this Court sent a notice to appellant informing him that his brief was overdue and that a failure to
file a satisfactory response by February 19, 2026, would result in the dismissal of this appeal for
want of prosecution. To date, appellant has not filed a brief or a motion for extension of time.
Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
Gisela D. Triana, Justice
Before Justices Triana, Kelly, and Ellis
Dismissed for Want of Prosecution
Filed: February 27, 2026
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