Kristina Jensterle Montoya Haas, Individually and as of the Estate of Thomas R. Montoya v. NewRez, LLC
CourtTexas Court of Appeals, 13th District
Date FiledJuly 2, 2026
Docket13-26-00305-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00305-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
KRISTINA JENSTERLE
MONTOYA HAAS, INDIVIDUALLY
AND AS EXECUTRIX OF THE
ESTATE OF THOMAS R. MONTOYA, Appellant,
v.
NEWREZ, LLC, Appellee.
ON APPEAL FROM THE 421ST DISTRICT COURT
OF CALDWELL COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Chief Justice Tijerina
This matter is before the Court on appellant’s failure to file a brief.1 On March 31,
2026, the Clerk of the Court notified appellant that her brief was due on April 30, 2026.
On May 13, 2026, after the case was transferred, the Clerk of the Court notified appellant
that her brief was past due. Appellant was further notified that if she failed to reasonably
explain the failure to file a brief within ten days from the date of the notice, the appeal
shall be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
To date, appellant has failed to file the brief and has not otherwise responded to
the clerk’s notices. Accordingly, the appeal is dismissed for want of prosecution. See id.
JAIME TIJERINA
Chief Justice
Delivered and filed on the
2nd day of July, 2026.
1 This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
2