Opinion
01-21-00291-CV
02-14-2023
KEVIN JOHN HERNE, Appellant v. MEGAN MAJORIE HERNE, Appellee
On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2020-27857
Panel consists of Justices Goodman, Hightower, and Guerra.
MEMORANDUM OPINION
PER CURIAM
Appellant, Kevin John Herne, has failed to timely file a brief. See Tex. R. App. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief). We dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case for want of prosecution); see also Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case for failure to comply with order of this Court).
Discussion
This appeal is from a final protective order signed on April 30, 2021. The appellate record was due on June 29, 2021. The filing of the clerk's record was delayed to September 1, 2021, but a reporter's record has not been filed. On July 2, 2021,the Clerk of this Court notified appellant that the court reporter responsible for preparing the record in this appeal informed the Court that the record had not been filed because appellant (1) failed to request the reporter's record or (2) had not made arrangements to pay for the record. See Tex. R. App. P. 35.3(b). Appellant was notified that unless he caused the reporter's record to be filed, made arrangements to pay for the reporter's record, or provided proof that he is entitled to proceed without payment of costs by August 2, 2021, the Court might consider the appeal without a reporter's record. See Tex. R. App. P. 37.3(c). On September 1, 2021, appellant filed a notice with the Court averring that appellant subsequently requested the reporter's record. However, a reporter's record was never filed. On June 16, 2022,the Court issued an order that it will consider the appeal without a reporter's record and ordered appellant to file his brief by July 18, 2022.
After appellant failed to file his brief by the ordered deadline, the Clerk of this Court notified appellant that the appeal may be dismissed unless he filed his brief or a motion to extend time by August 5, 2022. Appellant filed a motion for extension on August 15, 2022, and the Court granted an extension to September 15, 2022. After appellant again failed to file his brief, the Court issued another notice informing appellant that the appeal was subject to dismissal and requesting a response by October 3, 2022. No response was timely filed. On October 17, 2022, appellant filed another extension motion requesting an extension to November 14, 2022. Appellee filed a response requesting that our Court deny appellant's latest extension motion and dismiss the appeal.
On January 24, 2023, the Court granted appellant one final extension and ordered appellant to file his brief by February 3, 2023. Our order provided that the appeal will be dismissed for want of prosecution unless appellant filed his brief by the ordered deadline and no further extensions will be granted. Appellant again failed to file a brief.
Conclusion
Despite being granted extensions of time and our Court ordering appellant to file his brief, appellant has not filed a brief in this appeal. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c). Any pending motions are dismissed as moot.