Agustin Trevino D/B/A Trevino Smith Funeral Home, Agustin Trevino, and Brazos County Mortuary Services, Inc. v. Rachel Owens
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledAugust 31, 2026
Docket10-26-00140-CV
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00140-CV
Agustin Trevino d/b/a Trevino Smith Funeral Home, Agustin Trevino,
and Brazos County Mortuary Services, Inc.,
Appellants
v.
Rachel Owens,
Appellee
On appeal from the
272nd District Court of Brazos County, Texas
Judge John L. Brick, presiding
Trial Court Cause No. 23-000218-CV-272
CHIEF JUSTICE JOHNSON delivered the opinion of the Court.
MEMORANDUM OPINION
Appellants appealed from a judgment rendered against them for
negligence signed by the trial court on March 16, 2026. Appellants informed
the Court on June 1, 2026, that the parties had reached a settlement and that
Appellants expected the settlement to be completed within one week.
Appellants requested that no further action be taken in the appeal unless the
settlement was not completed.
On June 18, 2026, Appellants advised the Court that the parties had
settled and that the final settlement documents had been approved but were
still being circulated for signatures. Appellants again asked that no further
action be taken in the appeal unless the settlement was not completed.
During this time, Appellants did not pay for or make arrangements to
pay for either the Clerk’s Record or the Reporter’s Record. On August 6, 2026,
by letter from the Clerk of this Court, the Court requested an update as to the
status of the settlement from the parties on or before August 17, 2026.
Appellants were informed that their failure to respond to the Clerk’s letter
could result in the dismissal of the appeal for want of prosecution.
No response was filed by Appellants or Appellee. Accordingly, this
appeal is dismissed for want of prosecution and the failure to follow a directive
from the Clerk of this Court. See TEX. R. APP. P. 42.3(b), (c).
MATT JOHNSON
Chief Justice
OPINION DELIVERED and FILED: August 31, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
CV06
Trevino v. Owens Page 2