Kenneth Caldwell and Carmella Caldwell v. Timothy W. Wilson, Individually, and D/B/A Covey Creek Builders; And Covey Creek Builders, Inc.
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 11, 2026
Docket01-25-00876-CV
StatusPublished
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Full Opinion
Opinion issued August 11, 2026
In The
Court of Appeals
For The
First District of Texas
โโโโโโโโโโโโ
NO. 01-25-00876-CV
โโโโโโโโโโโ
KENNETH CALDWELL AND CARMELLA CALDWELL, Appellants
V.
TIMOTHY W. WILSON, INDIVIDUALLY AND D/B/A COVEY CREEK
BUILDERS, AND COVEY CREEK BUILDERS, INC., Appellees
On Appeal from the 164th District Court
Harris County, Texas
Trial Court Case No. 2017-79816
MEMORANDUM OPINION
Appellants Kenneth Caldwell and Carmella Caldwell failed to file a brief. See
TEX. R. APP. P. 38.6(a), 38.8(a). On July 23, 2026, the Clerk of this Court notified
Appellants that their appellate brief was past due, and this appeal was subject to
dismissal. See TEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f). We directed Appellants to
file their brief and a motion requesting an extension to file the brief within 10 days
of our notice, or by August 3, 2026. Appellants did not respond within the stated
deadline.
On August 4, 2026, Appellants filed a Motion for Extension, requesting an
extension until August 31, 2026 to file their brief. Appellantsโ motion is conclusory
as it states only that the extension is requested due to โAppellantsโ counselโs
extensive trial and appellate docket along with the multiple vacation letters that
Appellantsโ counsel has on file for the summer season.โ Appellants do not submit
any list of cases being worked on or provide any details regarding the vacation(s)
during the relevant period. The Motion for Extension is denied.
We dismiss the appeal for want of prosecution for failure to file a brief. See
TEX. R. APP. P. 38.8(a), 42.3(b)โ(c), 43.2(f). We dismiss any other pending motions
as moot.
PER CURIAM
Panel consists of Justices Caughey, Johnson, and Dokupil.
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