Opinion
01-21-00108-CV
01-11-2022
ROBERT JAMES HARRELL, Appellant v. ASHLEIGH CHANTELL BOSTON-DAVIS, Appellee
On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2020-42604
Panel consists of Hightower, Countiss, and Guerra, Justices.
MEMORANDUM OPINION
PER CURIAM
Appellant, Robert James Harrell, has failed to timely file a brief. See Tex. R. App. P. 38.6(a) (governing time to file brief). On March 3, 2021, appellant timely filed a notice of appeal from the trial court's December 4, 2020 Protective Order.
Appellant timely filed a motion for new trial of the trial court's December 4, 2020 Protective Order, extending appellant's deadline for filing a notice of appeal to ninety days. See Tex. R. App. P. 26.1(a)(1).
The appellate record was due to be filed by March 22, 2021. See Tex. R. App. P. 35.1. Neither the clerk's record nor the reporter's record was filed with this Court by that date. Accordingly, on March 24, 2021, the Clerk of this Court issued a notice to the trial court clerk, requesting that the clerk's record be filed within thirty days of the notice. The clerk's record was filed with the Clerk of this Court on May 3, 2021.
On March 24, 2021, the Court issued an order directing the official court reporter for the 280th District Court of Harris County to file the reporter's record within thirty days of the date of the order. On March 25, 2021, the court reporter responsible for the preparation of the reporter's record notified the Court that a reporter's record had not been filed because appellant had not paid or made arrangements to pay the fee for the preparation of the reporter's record. See Tex. R. App. P. 37.3(c). Accordingly, on March 25, 2021, the Clerk of this Court notified appellant that unless he made arrangements to pay the fee for the preparation of the reporter's record within thirty days of the date of the notice, the Court may require him to file his brief and consider and decide the appeal on issues or points that do not require a reporter's record. See Tex. R. App. P. 37.3(c).
Despite the March 25, 2021 notice, appellant failed to request for the preparation of the reporter's record, and further failed to pay, or make arrangements to pay the fee for the preparation of the reporter's record. Accordingly, on July 20, 2021, the Court issued an order for this appeal to proceed without a reporter's record. Pursuant to our July 20, 2021 order, appellant's brief was due to be filed within thirty days of the order, on or before August 19, 2021. See Tex. R. App. P. 38.6(a), (d). However, no brief was filed.
On August 30, 2021, appellant was notified by the Clerk of this Court that this appeal was subject to dismissal unless a brief, or 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 order of this Court). Despite the August 30, 2021 notice that this appeal was subject to dismissal, appellant did not adequately respond.
Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c), 43.2(f). All pending motions are dismissed as moot.