Wilton Irvon Lombard, Jr. v. R&B Mobile Homes, Inc. Agent Penny Beaman
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJuly 23, 2026
Docket02-25-00609-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00609-CV
___________________________
WILTON IRVON LOMBARD JR., Appellant
V.
R&B MOBILE HOMES, INC. AGENT PENNY BEAMAN, Appellee
On Appeal from County Court at Law No. 2
Wise County, Texas
Trial Court No. CV-9782
Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Appellant Wilton Irvon Lombard Jr., proceeding pro se, attempts to appeal the
trial court’s “ORDER DISMISSING CASE WITH PREJUDICE.”
On December 17, 2025, we received from Lombard a document that we
construed as an appellant’s brief.1 On December 17, 2025; February 20, 2026; and
May 15, 2026, we notified Lombard that his brief did not conform with Texas Rules
of Appellate Procedure 9.4(i), 9.5, and 38.1(a)–(k) or Second Court of Appeals Local
Rule 1.A. See Tex. R. App. P. 9.4(i), 9.5, 38.1(a)–(k); 2nd Tex. App. (Fort Worth) Loc.
R. 1.A. We thrice directed Lombard to file an amended brief complying with those
rules and warned him of the consequence of his failure to do so: striking his
noncompliant brief and dismissing his appeal.2 See Tex. R. App. P. 38.8(a), 38.9(a),
42.3. Despite our directions and warnings, Lombard has not filed an amended, rule-
compliant brief.3
1
Lombard’s brief is identical to his notice of appeal and consists of eleven
sentences.
Our May 15, 2025 notice explicitly directed Lombard to file an amended, rule-
2
compliant brief no later than May 26, 2026.
3
Instead, Lombard attempted to file various noncompliant motions, including
“LOMBARD V. BEAMAN MOTION TO COMPEL CESSATION OF
HARASSMENT” and “LOMBARD V BEAMSN [sic] MOTION TO COMPEL
ANSWERS TO INTERROGATORIES AND DI.” These motions were returned
for correction because they did not contain a certificate of service or certificate of
conference. See Tex. R. App. P. 9.5, 10.1(a)(5). None of the motions can reasonably
be construed as an amended, rule-compliant brief.
2
Accordingly, because Lombard has failed to file a rule-compliant brief after we
afforded him an opportunity to do so, we strike his brief and dismiss this appeal for
want of prosecution.4 See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3(b), 43.2(f); Wise v.
Walsh, No. 02-24-00391-CV, 2025 WL 421170, at *1 (Tex. App.—Fort Worth Feb. 6,
2025, no pet.) (striking brief and dismissing appeal for want of prosecution because
appellant failed to file a rule-compliant amended brief after we afforded her an
opportunity to do so).
/s/ Brian Walker
Brian Walker
Justice
Delivered: July 23, 2026
4
We deny any pending motions.
3