Damaris McCalley v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledOctober 1, 2026
Docket02-26-00200-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00200-CV
___________________________
DAMARIS MCCALLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 16th District Court
Denton County, Texas
Trial Court No. 25-13152-16
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
The Rules of Appellate Procedure provide that “an appellant must file a brief,”
Tex. R. App. P. 38.6(a), but Appellant Damaris McCalley has failed to file a brief. On
August 7, 2026, we sent McCalley a letter warning that we could dismiss his appeal for
want of prosecution unless, within ten days, he filed a brief and an accompanying
motion reasonably explaining the brief’s untimeliness. See Tex. R. App. P. 10.5(b)(1),
38.8(a)(1), 42.3(b). More than a month has passed since our letter, and we have not
received a response.
Accordingly, we dismiss McCalley’s appeal for want of prosecution. See Tex. R.
App. P. 38.8(a)(1), 42.3(b), 43.2(f). McCalley must pay all costs of this appeal.
Per Curiam
Delivered: October 1, 2026
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