Opinion
01-22-00880-CV
02-22-2024
ANDREW HAYWARD JACKSON, JR., Appellant v. FORT BEND COUNTY, FORT BEND COUNTY DRAINAGE DISTRICT, FORT BEND COUNTY EMERGENCY SERVICE DISTRICT NO. 7, FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1, FORT BEND COUNTY GENERAL FUND, AND FORT BEND INDEPENDENT SCHOOLDISTRICT, Appellees
On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case No. 21-DCV-282688
Panel consists of Adams Chief Justice and Guerra and Farris Justices.
MEMORANDUM OPINION
PER CURIAM
Appellant, Andrew Hayward Jackson, Jr., proceeding pro se, filed a notice of appeal from the trial court's October 25, 2022 judgment. Certain appellees, namely Fort Bend County, Fort Bend County, Fort Bend County Drainage District, Fort Bend County Emergency Service District No. 7, Fort Bend County Fresh Water Supply District No. 1, and Fort Bend County General Fund (collectively, the "Fort Bend Appellees"), filed a motion to dismiss the appeal for want of prosecution, asserting that appellant has failed to timely file a brief.
We grant the Fort Bend Appellees' motion and dismiss the appeal for want of prosecution.
The clerk's record was filed on January 24, 2023, and the appellate record was completed on July 17, 2023 when the reporter's record was filed. Appellant's brief was therefore originally due on or before August 16, 2023. See Tex. R. App. P. 38.6(a), (d). On the motion of appellant, the deadline for filing his brief was extended to December 18, 2023. However, no brief was filed.
Based on appellant's failure to timely file his brief, the Fort Bend Appellees filed a motion to dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). More than ten days have passed since the motion to dismiss was filed, and appellant has not adequately responded. See Tex. R. App. P. 10.3(a).
Accordingly, we grant the Fort Bend Appellees' motion and 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.