James Robert Marshall v. Wendy Durham
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledAugust 28, 2026
Docket06-26-00060-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00060-CV
JAMES ROBERT MARSHALL, Appellant
V.
WENDY DURHAM, Appellee
On Appeal from the 233rd District Court
Tarrant County, Texas
Trial Court No. 233-778340-26
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
On March 25, 2026, pro se Appellant, James Robert Marshall, filed a timely notice of
appeal in the Second Court of Appeals. Marshall’s appeal was transferred to this Court on
April 22, 2026.1 The clerk’s record was filed on May 11, 2026,2 and Marshall’s appellate brief
was originally due to be filed on or before July 23, 2026. When neither a brief nor a motion to
extend time for filing same was received by August 4, 2026, this Court advised Marshall by
letter that his brief was late. Marshall was advised that he would have an additional fifteen days
to file his brief and that his failure to do so on or before August 19, 2026, would subject this
appeal to dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1).
We have received no responsive communication from Marshall and have not received his
appellate brief. Having received no response to this Court’s letter of August 4, 2026, Marshall’s
appeal is ripe for dismissal for want of prosecution. Consequently, pursuant to Rules 38.8 and
42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.
See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
Jeff Rambin
Justice
Date Submitted: August 27, 2026
Date Decided: August 28, 2026
1
Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.).
2
On June 4, 2026, the court reporter informed the Court that Marshall had not asked her to produce the record and
that she had not been paid to do so.
2