Opinion
No. 06-16-00071-CV
05-10-2017
CECILIA CLINKSCALE, Appellant v. TEXAS WORKFORCE COMMISSION, Appellee
On Appeal from the County Court at Law No. 2 Travis County, Texas
Trial Court No. C-l-CV-13-006569 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Cecilia Clinkscale's application for unemployment compensation was denied by the Texas Workforce Commission. She sought review of that decision, via a trial de novo, in the County Court at Law No. 2 of Travis County, Texas. Her petition was ultimately dismissed by the county court at law for want of prosecution. That dismissal order is the subject of this appeal.
Originally appealed to the Third Court of Appeals in Austin, 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 (West 2013). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.
Clinkscale filed her notice of appeal on September 29, 2016. The reporter's record was filed on November 7, 2016, and the clerk's record was filed on November 10. The original deadline for Clinkscale's appellate brief was January 13, 2017. We extended that deadline twice on Clinkscale's motion, making the deadline March 10, 2017. On March 27, after giving herself a seventeen-day extension, Clinkscale filed a third motion seeking an extension of her briefing deadline. We denied that motion and entered an April 4, 2017, order requiring Clinkscale to file her appellate brief on or before April 14, 2017, or to have her appeal dismissed for want of prosecution. On May 2, 2017, after again giving herself an extension of time, Clinkscale filed a fourth motion seeking an extension of her briefing deadline. She asked in that motion that the deadline be extended to May 2. Both the April 14 deadline established by our order and the May 2 deadline Clinkscale sought in her fourth motion for an extension of time have come and gone, and Clinkscale has still not filed a brief with this Court. Consequently, Clinkscale's appeal is ripe for dismissal for want of prosecution.
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).
Ralph K. Burgess
Justice Date Submitted: May 9, 2017
Date Decided: May 10, 2017