Cain Hernandez-Hernandez v. Claudia Isela Hernandez

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-25-00181-CV

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Cain Hernandez-Hernandez, Appellant

v.

Claudia Isela Hernandez, Appellee

On Appeal from the 83rd District Court
Pecos County, Texas
Trial Court No. P-8467-83-CV

M E MO RA N D UM O PI NI O N
This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution. See Tex. R. App. P. 42.3(b).
Appellant’s brief was originally due on December 5, 2025. Appellant moved for three

extensions, which this Court granted, extending the deadline to January 16, 2026. 1 On

January 28, 2026, when no brief had been filed, we issued a notice advising Appellant that, unless

his brief was filed within ten days, we might dismiss the appeal for want of prosecution. As of the

date of this memorandum opinion, Appellant has not filed an appellate brief. See Tex. R. App.

P. 38.8(a)(1) (authorizing an appellate court to dismiss an appeal for want of prosecution when the

appellant fails to file an appellant’s brief).

Accordingly, we dismiss the appeal for want of prosecution. Tex. R. App.

P. 38.8(a)(1), 42.3(b), 43.2(f). We dismiss all pending motions as moot.

MARIA SALAS MENDOZA, Chief Justice

February 12, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.

1
Appellant first moved to extend the deadline from December 5, 2025, to January 5, 2026. The second extension
requested three additional days—this Court granted a four-day extension and set the deadline for January 9, 2026. The
third and final extension was granted for seven additional days, up to and including January 16, 2026.

2