Full Opinion

NUMBER 13-26-00328-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ IN THE ESTATE OF JANICE KAY VEGA, DECEASED ____________________________________________________________ ON APPEAL FROM THE COUNTY COURT AT LAW NO. 3 OF HAYS COUNTY, TEXAS ____________________________________________________________ MEMORANDUM OPINION Before Justices Peña, West, and Fonseca Memorandum Opinion by Justice West This matter is before the court on its own motion. 1 On May 28, 2026, we ordered this appeal abated and remanded the case to the trial court to make determinations related to whether the appellant was indigent and entitled to a reporter’s record at no cost and whether any omissions existed in the clerk’s record. 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 §§ 22.220(a), 73.001. Upon review of the trial court’s findings, there were no omissions in the clerk’s record and appellant was found indigent and entitled to a free reporter’s record. However, upon review of the reporter’s record, appellant indicated that “I can just drop the appeal,” that the case was going to “resolve the way I wanted,” and that he will “just drop the appeal.” Accordingly, on August 17, 2026, the Clerk of the Court requested that appellant submit either a formal motion to dismiss or a notice indicating that he wishes to proceed with the appeal. Furthermore, appellant was notified that if he failed to respond to the notice, the appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b), (c). Appellant has failed to respond to the notice from the Clerk of the Court requiring a response or other action within a specified time, so we are of the opinion that the appeal should be dismissed for want of prosecution. See id. Accordingly, the appeal is dismissed for want of prosecution, and any and all pending motions are each dismissed as moot. See id. JON WEST Justice Delivered and filed on the 31st day of August, 2026. 2