Richard Avina v. Evergreen Estates - Dismissal for Want of Prosecution
Summary
The Texas Court of Appeals, 3rd District, has dismissed the case of Richard Avina v. Evergreen Estates for want of prosecution. The dismissal follows the appellant's failure to file a required brief by the court-ordered deadline.
What changed
The Texas Court of Appeals, Third District, at Austin, has issued a memorandum opinion dismissing the appeal in Richard Avina v. Evergreen Estates (Docket No. 03-25-00515-CV) for want of prosecution. The dismissal is based on the appellant's failure to file a brief by the original due date of October 27, 2025, and subsequent failure to respond to a notice warning of dismissal by November 24, 2025, as per Texas Rule of Appellate Procedure 42.3(b).
This action signifies the closure of the appellate proceedings for this specific case due to procedural non-compliance by the appellant. For legal professionals involved in similar cases, this serves as a reminder of the strict adherence required for appellate deadlines and the consequences of failing to file necessary documents or seek extensions in a timely manner. No specific compliance actions are required for other entities, but it highlights the importance of diligent case management in appellate courts.
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Feb. 27, 2026 Get Citation Alerts Download PDF Add Note
Richard Avina v. Evergreen Estates
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00515-CV
- Nature of Suit: Forcible entry & detainer
Disposition: Dismissed for Want of Prosecution
Disposition
Dismissed for Want of Prosecution
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00515-CV
Richard Avina, Appellant
v.
Evergreen Estates, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF BELL COUNTY
NO. 25CCV00719, THE HONORABLE PAUL A. MOTZ, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant’s brief was originally due on October 27, 2025. On November 13,
2025, this Court sent a notice to appellant informing him that his brief was overdue and that a
failure to file a satisfactory response by November 24, 2025, 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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