How long do I have to respond to a notice of intent to dismiss my appeal?

This question has been addressed in 1 Texas court opinion:

Sherie A. McArthur, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLARENCE MAURICE LOGAN, JR., Appellant V. CONCORD HOUSTON JFK BLVD HOTEL II LLC, A TEXAS LIMITED LIABILITY COMPANY; CONCORD HOSPITALITY ENTERPRISES COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1-20, Appellees

COA14 — February 3, 2026

In McArthur v. Concord Houston JFK Blvd Hotel II LLC, the Fourteenth Court of Appeals addressed an appellant's failure to prosecute their appeal. After the clerk's record was filed, the appellant failed to file a brief or a motion for extension for several months. The court issued a formal 10-day warning under Texas Rule of Appellate Procedure 42.3(b), often called a 'death notice,' requiring a response to avoid dismissal. When the appellant ignored the notice, the court analyzed the procedural failure under Rule 42.3 and held that dismissal for want of prosecution was necessary. The court concluded that ignoring mandatory briefing deadlines and subsequent show-cause orders effectively abandons the appeal, leaving the panel no choice but to dismiss without reaching the merits.

Litigation Takeaway

“In Texas appellate law, deadlines are not mere suggestions; missing a briefing deadline and failing to respond to a court's 10-day 'death notice' will result in the summary dismissal of your case, making the trial court's judgment final and unappealable regardless of the merits of your claim.”