Opinion
NO. 01-15-01064-CV
07-25-2017
GLENN HERBERT JOHNSON, Appellant v. HARRIS COUNTY APPRAISAL DISTRICT, Appellee
On Appeal from the County Civil Court at Law No. 2 Harris County, Texas
Trial Court Case No. 1063034
MEMORANDUM OPINION
Appellant, Glenn Herbert Johnson, has filed a notice of appeal of the trial court's November 25, 2015 interlocutory order granting appellee Harris County Appraisal District's (HCAD) "Plea to the Jurisdiction or, Alternatively, Motion for Summary Judgment and Supplemental Plea to the Jurisdiction or, Alternatively, Motion for Summary Judgment." HCAD has filed a motion to dismiss the appeal for want of prosecution.
We grant the motion and dismiss the appeal.
Johnson filed suit against HCAD and Harris County, Harris County Department of Education, Port of Houston Authority of Harris County, Harris County Flood Control District, Harris County Hospital District, City of Houston, Houston Independent School District, Houston Community College System (collectively, the "Harris County Defendants"), asserting common-law tort claims and an inverse condemnation claim. HCAD filed its plea to the jurisdiction or, alternatively, motion for summary judgment and supplemental plea to the jurisdiction or, alternatively, motion for summary judgment, asserting that Johnson's claims were barred by limitations and the doctrines of governmental immunity, collateral estoppel, and res judicata. The Harris County Defendants also filed a plea to the jurisdiction and first amended motion for summary judgment, asserting that the doctrine of governmental immunity barred Johnson's tort claims and limitations and the doctrines of estoppel and res judicata barred all of Johnson's claims. On November 25, 2015, the trial court signed an order granting HCAD's plea to the jurisdiction or, alternatively, motion for summary judgment and supplemental plea to the jurisdiction or, alternatively, motion for summary judgment, and dismissing Johnson's claims against HCAD with prejudice. And, on December 9, 2015, the trial court signed an order granting the Harris County Defendants' plea to the jurisdiction and first amended motion for summary judgment as to Johnson's tort claims and stating that "[t]he only claim left is inverse condemnation." On February 9, 2017, we dismissed Johnson's appeal as to the Harris County Defendants.
We also notified Johnson that the brief in his appeal as to HCAD was due no later than March 1, 2017. After that date, Johnson filed three motions requesting an extension of time to file his brief. We granted the first two motions and granted in part the third motion, extending the time to file a brief to June 14, 2017, with no further extensions. On May 30, 2017, Johnson filed a fourth extension motion, requesting an extension of time "of at least 45 days to file his brief." We denied that motion and notified Johnson that his brief remained due on June 14, 2017, with no further extensions.
On June 21, 2017, HCAD filed its motion to dismiss the appeal for want of prosecution based on Johnson's failure to file a brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b); Haas v. Cin, No. 01-14-00696-CV, 2015 WL 457634, at *1 (Tex. App.—Houston [1st Dist.] Feb. 3, 2015, no pet.) (mem. op.). Johnson has neither responded to HCAD's motion nor filed a brief.
Accordingly, we grant HCAD's motion and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), 43.2(f). We dismiss all other pending motions as moot.
PER CURIAM Panel consists of Justices Jennings, Bland, and Lloyd.