Opinion
01-21-00043-CV
09-23-2021
DARLENE JARRETT, Appellant v. ANGEL BABY INC., Appellee
On Appeal from the County Court at Law No. 1 Fort Bend County, Texas Trial Court Case No. 20-CCV-068105
Panel consists of Justices Goodman, Landau, and Countiss.
MEMORANDUM OPINION
PER CURIAM
Appellant, Darlene Jarrett, has failed to timely file a brief. Appellant's brief was due August 2, 2021. See Tex. R. App. P. 38.6(a) (governing time to file appellant's brief). On August 11, 2021, the Clerk of this Court notified appellant that her brief was past due and that her appeal was subject to dismissal for want of prosecution unless she filed a brief or a motion for an extension of time to file a brief by August 23, 2021. See Tex. R. App. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of case); see also Tex. R. App. P. 4.1(a). Appellant did not respond to the notice and has not filed a brief or a motion for an extension of time to file a brief. Based on appellant's failure to file a brief, appellee, Angel Baby Inc., has filed a motion to dismiss the appeal for want of prosecution. More than ten days have passed, and appellant has not responded to the motion. See Tex. R. App. P. 10.1(a)(5), 10.3(a).
In its motion, appellee also requested that we "affirm the award of $5,000 in attorney's fees to [a]ppellee." We deny that request.
Accordingly, we grant appellee's motion and dismiss the appeal for want of prosecution for failure to timely file a brief. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f). We dismiss any pending motions as moot.