Opinion
01-22-00029-CV
11-01-2022
EVA GARCIA DELEON, Appellant v. GUSTAVO GALLARDO, Appellee
On Appeal from the 246th District Court Harris County, Texas Trial Court Case No. 2020-55783
Panel consists of Justices Goodman, Countiss, and Farris.
MEMORANDUM OPINION
PER CURIAM
Appellant, Eva Garcia Deleon, has failed to timely file a brief. See Tex. R. App. P. 38.6(a) (governing time to file brief). Appellant filed a notice of appeal from the trial court's July 19, 2021 order in a suit affecting the parent-child relationship.
The clerk's record and the reporter's record were filed on February 23, 2022. Accordingly, appellant's brief was due to be filed on or before March 25, 2022. See Tex. R. App. P. 38.6(a). On March 25, 2022, appellant filed a motion to extend time to file her appellant's brief, which this Court granted. See Tex. R. App. P. 10.5(b), 38.6(d). Appellant's brief was thus due to be filed on or before April 25, 2022. Appellant did not file an appellant's brief.
On May 4, 2022, the Clerk of this Court notified appellant that this appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See Tex. R. App. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court). Despite the Court's notice that this appeal was subject to dismissal, appellant did not respond to the May 4, 2022 notice.
On June 6, 2022, the Clerk of this Court again notified appellant that this appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See Tex. R. App. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court). On June 16, 2022, appellant filed a motion to extend time to file her appellant's brief, which the Court granted in part. See Tex. R. App. P. 10.5(b), 38.6(d). Appellant's brief was thus due to be filed on or before July 25, 2022. Appellant failed to file an appellant's brief.
On August 12, 2022, the Clerk of this Court notified appellant that this appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See Tex. R. App. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court). Despite the Court's notice that this appeal was subject to dismissal, appellant did not adequately respond to the August 12, 2022 notice.
Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b), 43.2(f). All pending motions are dismissed as moot.