Opinion
01-22-00262-CV
08-23-2022
RICHARD DEREK LABRIE, Appellant v. OLGA SINITSYN LABRIE, Appellee
On Appeal from the 246th District Court Harris County, Texas Trial Court Case No. 2021-40767
Panel consists of Justices Goodman, Countiss, and Farris.
MEMORANDUM OPINION
PER CURIAM
Appellant Richard Derek LaBrie has failed to timely file a brief. See Tex. R. App. P. 38.6(a) (governing time to file brief). Appellant filed a notice of appeal from the trial court's February 1, 2022 Final Decree of Divorce in the underlying divorce proceeding.
On April 8, 2022, the court reporter notified the Court that there was no reporter's record for this case. The clerk's record was filed with the Clerk of this Court on April 12, 2022. Accordingly, appellant's brief was due to be filed on or before May 12, 2022. See Tex. R. App. P. 38.6(a), (d). However, no brief was filed.
On May 19, 2022, appellant was notified by the 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 Court's 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 Court's notice that this appeal was subject to dismissal, appellant has not adequately responded to the Court's May 19, 2022 notice.
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.