RUDDER v. VALUE REI

Full title: TRISH RUDDER A/K/A TRISH RUDDER FRIEDMAN AND ALL OCCUPANTS, Appellant v…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Nov 3, 2005

No. 2-05-130-CV (Tex. App. Nov. 3, 2005)

Opinion

No. 2-05-130-CV

Delivered: November 3, 2005.

Appeal from County Court at Law No. 1 of Tarrant County.

Panel D: HOLMAN, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION ¹

1 See TEX. R. APP. P. 47.4.

PER CURIAM.

We have considered the motion filed by appellee Value REI, Inc. requesting that we dismiss the appeal of appellant Trish Rudder for failure to file an appellate brief. Appellant's brief was due August 8, 2005. On September 27, 2005, we granted appellant's request for additional time to file her brief and ordered the brief due October 7, 2005. Our order specifically stated, "If appellant's brief is not filed by October 7, 2005, the appeal may be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1)." Appellant has not filed an appellate brief nor sought an additional extension of time for filing her brief. Accordingly, it is the court's opinion that appellee's motion should be granted; therefore, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b)-(c), 43.2(f).