Estate of Leonor R. Fuentes v. the State of Texas

NUMBER 13-25-00370-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ESTATE OF LEONOR R. FUENTES, DECEASED

ON APPEAL FROM THE PROBATE COURT
OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION
Before Justices Silva, Peña, and Fonseca
Memorandum Opinion by Justice Silva

This matter is before the Court on appellant Eunice Aza’s failure to file a brief.

Appellant’s notice of appeal was filed on July 18, 2025 and her brief was originally due to

be filed in this case on September 22, 2025. On September 19, 2025, appellant

requested, and this Court granted, an extension of time to file her appellate brief by

November 3, 2025. On November 3, 2025, appellant filed a second motion for extension

of time to file her brief. On November 14, 2025, this Court granted appellant’s second

extension request, and her appellate brief became due by December 3, 2025. On January
6, 2026, the Clerk of the Court notified appellant that her brief was past due. Appellant

was further notified that if she did not reasonably explain the failure to file a brief within

ten days from the date of the notice, the appeal shall be dismissed for want of prosecution.

See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

On January 16, 2026, appellant filed her third motion for extension of time to file

the appellate brief. On February 6, 2026, we granted appellant’s third motion for extension

of time to file a brief. Appellant’s brief became due by January 26, 2026. Appellant was

admonished that no further extensions would be granted absent exigent circumstances.

On February 23, 2026, the Clerk of the Court notified appellant that the brief was,

again, past due. Appellant was further notified that if she failed to reasonably explain the

failure to file a brief within five days from the date of the notice, the appeal shall be

dismissed for want of prosecution. See id.

To date, appellant has failed to file her appellate brief and has not otherwise

responded to the Clerk of the Court’s notices. Accordingly, the appeal is dismissed for

want of prosecution. See id.

CLARISSA SILVA
Justice

Delivered and filed on the
26th day of March, 2026.

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