Jacob Barreras v. Juan Huerta DBA Extreme Towing
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledOctober 8, 2026
Docket11-26-00125-CV
StatusPublished
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Full Opinion
Opinion filed October 8, 2026
In The
Eleventh Court of Appeals
___________
No. 11-26-00125-CV
___________
JACOB BARRERAS, Appellant
V.
JUAN A. HUERTA DBA EXTREME TOWING LLC, Appellee
On Appeal from the County Criminal Court at Law No. 1
El Paso County, Texas
Trial Court Cause No. 2025CCV00574
MEMORANDUM OPINION
On November 15, 2025, Appellant, Jacob Barreras, filed a pro se notice of
appeal from the trial court’s order dismissing his case for want of prosecution. 1 Due
to Appellant’s failure to timely file an appellate brief and prosecute this appeal in a
timely manner, we dismiss this appeal for want of prosecution.
1
On March 12, 2026, the Eighth Court of Appeals requested that the supreme court transfer this
and another appeal to a different court of appeals because Barreras filed a lawsuit in federal court naming
the chief justice and the clerk of the court as defendants. Barreras v. Digitech Comput., LLC, No. 11-26-
00124-CV, 2026 WL 1593649, at *1 (Tex. App.—Eastland June 4, 2026, no pet.) (mem. op.). The supreme
court transferred the appeals to this court. See id. (citing TEX. GOV’T CODE ANN. § 73.001 (West Supp
2025)).
Barreras’s brief was originally due to be filed in this court on or before
July 15, 2026. On July 29, when Barreras did not timely file his brief or a motion
for extension of time to file his brief, we informed Barreras that his brief was overdue
and that the appeal was subject to dismissal. On August 25, we again informed
Barreras that his brief remained due, extended the deadline for him to file his brief
to September 14, and informed him that his failure to timely file a brief could result
in the dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). On
September 24, we reminded Barreras that his brief was overdue and that the appeal
remained subject to dismissal for want of prosecution without further notice.
Over ten months have passed since Barreras filed his notice of appeal. Despite
numerous reminders, Barreras has not filed his brief as of this date. As he did in
Barreras v. Digitech, Barreras has failed to timely prosecute this appeal. 2026 WL
1593649, at *2 (dismissing the appeal for want of prosecution after seven months
had passed from the date the notice of appeal was filed). And based on Barreras’s
failure to prosecute this appeal in a timely manner, we conclude that this appeal
should be dismissed. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c); Silva v. MCLP
Asset Co., Inc., No. 08-26-00116-CV, 2026 WL 1854891, at *1 (Tex. App.—El Paso
June 26, 2026, no pet.).
Accordingly, we dismiss the appeal for want of prosecution.
W. BRUCE WILLIAMS
JUSTICE
October 8, 2026
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
2