The opinion
Opinion issued April 8, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00761-CV
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829 YALE HOLDINGS INC. D/B/A STEADFAST 829 YALE HOLDINGS,
INC., Appellant/Cross-Appellee
V.
2017 YALE DEVELOPMENT, LLC, NICHOLAS FUGEDI, 2017 YALE
DEVELOPMENT GP, LLC, D&A ALVAREZ GROUP, LLC,
Appellees/Cross-Appellants
On Appeal from the 190th District Court
Harris County, Texas
Trial Court Case No. 2019-51432
MEMORANDUM OPINION
829 Yale Holdings Inc., doing business as Steadfast 829 Yale Holdings, Inc.
(“Steadfast”), appeals from the trial court’s final order of dismissal signed on
October 6, 2023. Steadfast has not timely filed an appellant’s brief. See TEX. R. APP.
P. 38.6(a), 38.8(a).
Steadfast’s brief was first due on February 2, 2024. See TEX. R. APP. P.
38.6(a). Subsequently, the Court granted Steadfast four extensions of time to file a
brief. See TEX. R. APP. P. 38.6(d).
On December 13, 2024, 2017 Yale Development, LLC filed a motion to
dismiss the appeal based, in part, on Steadfast’s failure to file a brief.1
On December 18, 2024, the Court notified Steadfast that this appeal was
subject to dismissal for its failure to file an appellant’s brief. See TEX. R. APP. P.
38.8(a)(1). An appellee’s brief has not been filed. See TEX. R. APP. P. 38.8(a)(3).
Steadfast did not respond to the motion to dismiss or to the Court’s notice.
We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b)–
(c), 43.2(f). We also dismiss the conditional cross-appeal of the February 7, 2020
order disqualifying a previous trial court judge. We dismiss any other pending
motions as moot.
PER CURIAM
1
In its motion to dismiss, Yale contends that Steadfast’s appeal is “frivolous for the
reasons stated in the prior appeal.” It requests “cost[s] from [Steadfast’s counsel]
for pursuit of a frivolous appeal.” See TEX. R. APP. P. 45; Smith v. Brown, 51 S.W.3d
376, 381 (Tex. App.—Houston [1st Dist.] 2001, pet. denied). The decision to grant
appellate sanctions is a matter of discretion that an appellate court exercises with
prudence and caution. Smith, 51 S.W.3d at 381. We decline to impose sanctions.
2
Panel consists of Chief Justice Adams and Justices Gunn and Guiney.
3