Ryan Orlando Montalvo v. Raul Montalvo
CourtTexas Court of Appeals, 13th District
Date FiledOctober 29, 2026
Docket13-26-00277-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00277-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
RYAN ORLANDO MONTALVO, Appellant,
v.
RAUL MONTALVO, Appellee.
ON APPEAL FROM THE 445TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Cron and Fonseca
Memorandum Opinion by Justice Cron
Appellant Ryan Orlando Montalvo, proceeding pro se, filed a notice of appeal from
a final order granting appellee Raul Montalvo’s no-evidence motion for summary
judgment. On August 13, 2026, the Court notified appellant that the appellate record had
been filed and that his brief was due within thirty days. See TEX. R. APP. P. 38.6(a). On
September 28, 2026, the Court notified appellant that his brief was past due and that his
appeal was subject to dismissal for want of prosecution if he did not take certain corrective
action within ten days of the notice. See id. R. 38.8(a)(1) (providing that “[i]f an appellant
[in a civil case] fails to timely file a brief, the appellate court may . . . dismiss the appeal
for want of prosecution, unless the appellant reasonably explains the failure and the
appellee is not significantly injured by the appellant’s failure to timely file a brief”).
To date, appellant has not responded to our notice, filed a brief, or filed a motion
for leave to file an out-of-time brief. Accordingly, we dismiss the appeal for want of
prosecution. See id.
JENNY CRON
Justice
Delivered and filed on the
29th day of October, 2026.
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