Ivan R. McCoy, Jr. v. Kitty Gale McCoy - Dismissed
Summary
The Texas Court of Appeals, 3rd District, has dismissed the civil case Ivan R. McCoy, Jr. v. Kitty Gale McCoy for want of prosecution. The dismissal follows the appellant's failure to file a required brief by the established deadline.
What changed
The Texas Court of Appeals, 3rd District, has issued a memorandum opinion dismissing the appeal in Ivan R. McCoy, Jr. v. Kitty Gale McCoy (Docket No. 03-25-00584-CV) for want of prosecution. The dismissal is a direct consequence of the appellant's failure to file their brief by the original due date of December 29, 2025, and subsequent failure to respond to the court's notice by February 19, 2026.
This action signifies the closure of this specific appellate case. For legal professionals involved in appellate proceedings, this serves as a reminder of the strict adherence required for filing deadlines and court-issued notices. Failure to comply can lead to the dismissal of appeals, as demonstrated in this instance, with no further recourse for the appellant in this matter.
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March 5, 2026 Get Citation Alerts Download PDF Add Note
Ivan R. McCoy, Jr. v. Kitty Gale McCoy
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00584-CV
- Nature of Suit: Miscellaneous/other civil
Disposition: Dismissed for Want of Prosecution
Disposition
Dismissed for Want of Prosecution
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00584-CV
Ivan R. McCoy, Jr., Appellant
v.
Kitty Gale McCoy, Appellee
FROM THE COUNTY COURT AT LAW OF BASTROP COUNTY
NO. 25-22801, THE HONORABLE BENTON ESKEW, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant’s brief was originally due on December 29, 2025. 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).
Karin Crump, Justice
Before Chief Justice Byrne, Justices Theofanis and Crump
Dismissed for Want of Prosecution
Filed: March 5, 2026
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