This question has been addressed in 1 Texas court opinion:
COA03 — February 23, 2026
In Brown v. State, the Third Court of Appeals addressed a situation where an appellant's counsel failed to file a brief despite receiving multiple extensions and a final warning. The court analyzed Texas Rule of Appellate Procedure 38.8(b), which protects appellants in criminal and quasi-criminal matters from losing their appeal due to attorney negligence. Because appellate courts cannot make factual findings regarding attorney-client communications, the court held that the appeal must be abated and remanded to the trial court for an evidentiary hearing to determine if the appellant still intends to prosecute the appeal or if counsel has abandoned the case.
Litigation Takeaway
“In parental termination or enforcement cases, do not expect an immediate 'default win' if the opposing party fails to file their brief; due process requirements will likely trigger a remand hearing that delays finality but offers a strategic chance to force a dilatory opponent to commit to the appeal or face dismissal.”