I was the prevailing party in a Texas Small Claims case. The looser filed an appeal, but has not been heard from since. Neither party, nor the Court have initiated any further action.
The Coordinator of the assigned Court told me verbally that if no action was taken within six months of the appeal date, the case would be "sent to the Judge for dismissal." More than six months have passed since the appeal was filed. The Docket Sheet posted on the County website is blank, and I have received no communication from the Court.
Will the case be dismissed by default? If so, when?
Thanks very much
If the losing party filed a notice of appeal but never filed a brief or followed up on the notice in any way then you should be entitled to demand some form of action. You may be required to provide that party with notice that you are filing to have his appeal dismissed. My suggestion is that you call the clerk of courts for that particular court. Ask him/her what your next step should be and how you can notify both the appellant and the court that this issue has sat idle for too long.
I am not licensed in Texas so this is only broad information, not specific advice. I found nothing in the rules of appellate procedure regarding this issue but here is the link I found: http://www.supreme.courts.state.tx.us/rules/
Best of luck,
Shannon K. McDonald
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline