In Re Estate of Audrey Banks v. the State of Texas

Opinion issued August 28, 2025

In The
Court of Appeals
For The

First District of Texas
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NO. 01-25-00289-CV
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IN RE ESTATE OF AUDREY BANKS, DECEASED

On Appeal from Probate Court No. 1
Harris County, Texas
Trial Court Case No. 470699-401

MEMORANDUM OPINION

Appellant Alma Banks Brown filed a notice of appeal from the trial court’s August

27, 2024 Order Denying Bill of Review.

Appellant’s brief was originally due on March 24, 2025. On March 25, 2025,

Appellant’s first motion for extension of time was granted, making her brief due on April

23, 2025. Appellant failed to file her appellate brief by the deadline.
On May 8, 2025, the Clerk of this Court issued a notice informing Appellant that her

brief was past due and that her appeal was subject to dismissal if she did not file her brief

and a motion requesting an extension to file her brief within 10 days of our notice. On May

9, 2025, Appellant filed a second motion for extension of time to file her brief. We granted,

in part, Appellant’s second motion for extension, making her brief due on June 9, 2025.

The order noted that no further extensions would be granted absent extraordinary

circumstances and that failure to file the brief by the stated deadline may result in dismissal

of the appeal for lack of prosecution.

Appellant failed to file her brief by the June 9 deadline. On June 17, 2025, and again

on June 30, 2025, the Clerk of this Court issued notices informing Appellant that her brief

was past due and that her appeal was subject to dismissal. Appellant did not file a brief.

On July 9, 2025, Appellant filed a third motion for extension of time, seeking an

extension of sixty days to file her brief. We granted, in part, Appellant’s third motion for

extension, making her brief due on August 18, 2025. We informed Appellant that it was

her last extension, and no further extensions would be granted. We also warned Appellant:

“This appeal may be dismissed for want of prosecution, without further notice, if Appellant

does not file her brief by August 18, 2025.” To date, Appellant has not filed her brief or

otherwise responded to the order.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P.

38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary

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dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of

appeal for failure to comply with court order). We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.

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