Antonius Anu Bey v. State of Texas
CourtTexas Court of Appeals, 15th District
Date FiledJune 25, 2026
Docket15-26-00095-CV
StatusPublished
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Full Opinion
Affirmed and Memorandum Opinion filed June 25, 2026
In The
Fifteenth Court of Appeals
NO. 15-26-00095-CV
ANTONIUS ANU BEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-25-02326
MEMORANDUM OPINION
Appellant Antonius Anu Bey appeals from the dismissal of his claims
against the State for want of prosecution. We affirm.
On February 14, 2025, Bey filed suit against the State, asserting that certain
elected officials had violated their constitutional oaths by various actions. The trial
court issued a Notice of Dismissal for Want of Prosecution and a hearing was set
for July 29, 2025. After the hearing, the trial court signed an order dismissing the
case for want of prosecution “pursuant to Tex. R. Civ. P. 165a and the Court’s
inherent power.” Bey filed a notice of appeal.
“The trial court’s authority to dismiss for want of prosecution stems from
two sources: (1) Rule 165a of the Texas Rules of Civil Procedure, and (2) the
court’s inherent power.” Villarreal v. San Antonio Truck & Equip., 994 S.W.2d
628, 630 (Tex. 1999). A trial court may dismiss a case under Rule 165a (1) if a
party seeking affirmative relief fails to “appear for any hearing or trial of which the
party had notice” or (2) when a case is not disposed of within the time standards
promulgated by the Texas Supreme Court. Tex. R. Civ. P. 165a(1), (2). Under the
common law, the trial court has “the inherent power to dismiss independently of
the rules of procedure when a plaintiff fails to prosecute his or her case with due
diligence.” Villarreal, 994 S.W.2d at 630. We review a trial court’s dismissal for
want of prosecution for an abuse of discretion. See MacGregor v. Rich, 941
S.W.2d 74, 75 (Tex. 1997) (per curiam).
“[T]he burden is on a party appealing from a trial court judgment to show
that the judgment is erroneous in order to obtain a reversal.” Murray v. Devco,
Ltd., 731 S.W.2d 555, 557 (Tex. 1987). In this Court, Bey does not challenge the
trial court’s dismissal of his case for want of prosecution. Rather, he asserts that
State public officials “continue to violate the federal constitution and their own
law(s).” But the trial court did not address those issues and Bey does not explain
how they relate to the dismissal order.
Because Bey has failed to raise any issue showing that the judgment is
erroneous, we must affirm. Pat Baker Co. v. Wilson, 971 S.W.2d 447, 450 (Tex.
1998) (per curiam) (“It is axiomatic that an appellate court cannot reverse a trial
court’s judgment absent properly assigned error.”); see Tex. R. App. P. 38.1(f)
(“The brief must state concisely all issues or points presented for review.”).
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We affirm the judgment of the trial court.
/s/ April Farris
April Farris
Justice
Panel consists of Chief Justice Brister and Justices Field and Farris.
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