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Jarrett v. Angel Baby Inc.

Court of Appeals of Texas, First District
Sep 23, 2021
No. 01-21-00043-CV (Tex. App. Sep. 23, 2021)

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.


Summaries of

Jarrett v. Angel Baby Inc.

Court of Appeals of Texas, First District
Sep 23, 2021
No. 01-21-00043-CV (Tex. App. Sep. 23, 2021)
Case details for

Jarrett v. Angel Baby Inc.

Case Details

Full title:DARLENE JARRETT, Appellant v. ANGEL BABY INC., Appellee

Court:Court of Appeals of Texas, First District

Date published: Sep 23, 2021

Citations

No. 01-21-00043-CV (Tex. App. Sep. 23, 2021)