Felix I. Usiera v. Capital One, N.A.
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledSeptember 24, 2026
Docket09-26-00147-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00147-CV
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FELIX I. USIERA, Appellant
V.
CAPITAL ONE, N.A., Appellee
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On Appeal from the County Court at Law No. 1
Jefferson County, Texas
Trial Cause No. 25CCCV0971
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MEMORANDUM OPINION
On March 23, 2026, the trial court signed a final no-answer default judgment
in Trial Cause Number 25CCCV0971. On April 2, 2026, Felix I. Usiera filed a notice
of appeal. The Clerk of the Court notified the parties that Appellant’s Brief was due
June 8, 2026.
On June 3, 2026, we received the Appellant’s Brief. On June 9, 2026, the
Clerk of the Court issued a letter that informed the parties that the Court had received
Appellant’s brief, that identified specific deficiencies in the brief, and that directed
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Appellant to file a compliant brief and serve a copy of the brief on Appellee by June
19, 2026. No party responded to the notice from the Clerk.
On July 27, 2026, the Clerk of the Court issued a notice that the appeal would
be submitted on the record alone unless by August 6, 2026, Appellant filed a
compliant brief and a motion for extension of time to file the brief. The Clerk warned
Appellant that submission without briefs could result in dismissal for want of
prosecution. See Tex. R. App. P. 38.8(a) (If an appellant fails to timely file a brief,
the appellate court may dismiss the appeal for want of prosecution or decline to
dismiss the appeal and give further direction to the case as it considers proper.). No
party filed a response to the Clerk’s notice.
On August 21, 2026, the Clerk of the Court notified the parties that the appeal
would be submitted to the Court without oral argument on September 11, 2026.
We submitted this case without briefs. That said, in the interest of justice, we
have reviewed the entire record on appeal. See id. 39.8; 42.3 (When the appellant
fails to prosecute the appeal, “the appellate court may dismiss the appeal or affirm
the appealed judgment or order.”). Having found no reversible error on appeal, we
affirm the trial court’s judgment. See id. 43.2(a).
AFFIRMED.
PER CURIAM
Submitted on September 11, 2026
Opinion Delivered September 24, 2026
Before Golemon, C.J., Johnson and Wright, JJ.
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