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Kabbe v. Budget STG

Court of Appeals of Texas, Fifth District, Dallas
Jun 17, 2008
No. 05-07-01646-CV (Tex. App. Jun. 17, 2008)

Opinion

No. 05-07-01646-CV

Opinion filed June 17, 2008.

On Appeal from the 68th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 06-12658-C.

Before Chief Justice THOMAS, Justices BRIDGES and FitzGERALD.


MEMORANDUM OPINION


On November 26, 2007, appellant filed a notice of appeal in this case. Appellant filed a deficient brief on March 31, 2008. By letter dated April 4, 2008, we notified appellant that her brief was deficient and directed her to file a brief complying with Texas Rule of Appellate Procedure 38.1 within ten days. Appellee filed an April 29, 2008 motion to dismiss the appeal for want of prosecution and for appellant's failure to comply with the Court's April 4, 2008 directive to file an amended brief. Appellant filed a May 12, 2008 motion for extension of time to file opposition to appellee's motion to dismiss the appeal for want of prosecution and for failure to comply with the Court's April 4, 2008 directive.

By order of May 16, 2008, we denied appellee's April 29, 2008 motion to dismiss. We granted appellant's May 12, 2008 motion, and we ordered appellant to file her amended brief complying with Texas Rule of Appellate Procedure 38.1 within fifteen days of the date of the order, by May 27, 2008. In that order, we advised appellant that absent extraordinary circumstances, we would not grant further extension of time for appellant to file her amended brief and that if appellant's amended brief was not filed within fifteen days of the date of the order, we would dismiss this appeal for want prosecution without further notice. See Tex. R. App. P. 38.8(a)(1). On June 2, 2008, appellant filed her second motion for extension of time to file her amended brief. We denied appellant's second motion for extension of time to file her amended brief.

We DISMISS this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1).


Summaries of

Kabbe v. Budget STG

Court of Appeals of Texas, Fifth District, Dallas
Jun 17, 2008
No. 05-07-01646-CV (Tex. App. Jun. 17, 2008)
Case details for

Kabbe v. Budget STG

Case Details

Full title:ROSE KABBE, Appellant v. BUDGET STORAGE USA, ET AL., Appellees

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 17, 2008

Citations

No. 05-07-01646-CV (Tex. App. Jun. 17, 2008)