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Schield v. Schield

Court of Appeals For The First District of Texas
Apr 10, 2014
NO. 01-12-00849-CV (Tex. App. Apr. 10, 2014)

Opinion

NO. 01-12-00849-CV

04-10-2014

MELVIN RAYMOND SCHIELD, JR., Appellant v. DIANNA LEE SCHIELD, Appellee


On Appeal from the 300th District Court

Brazoria County, Texas

Trial Court Case No. 62712


MEMORANDUM OPINION

Appellant, Melvin Raymond Schield, Jr., perfected an appeal from the trial court's judgment signed on August 10, 2012. The trial court clerk filed the clerk's record on March 4, 2013. The court reporter filed the reporter's record on June 14, 2013. Appellant's brief, therefore, was due to be filed no later than July 15, 2013. See TEX. R. APP. P. 4.1(a), 38.6(a). This Court granted appellant's motion for extension of time to file his brief, extending the due date to October 14, 2013. See TEX. R. APP. P. 38.6(d).

On October 18, 2013, after appellant failed to timely file a brief, the Clerk of this Court notified appellant that he had failed to timely file a brief and that failure to file a brief by October 28, 2013 could lead to dismissal of this appeal. See TEX. R. APP. P. 38.8(a), 42.3(b). The Clerk of this Court notified appellant at his address at the Pam Lychner State Jail, 2350 Atascosita Road, Humble, Texas 77396. This notice was returned to the Court, and the Court was informed that appellant had been released and that the notice could not be forwarded.

Accordingly, because appellant has not filed a brief or responded to the Court's notice, and has not provided us with any other address or means of contacting him, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.


Summaries of

Schield v. Schield

Court of Appeals For The First District of Texas
Apr 10, 2014
NO. 01-12-00849-CV (Tex. App. Apr. 10, 2014)
Case details for

Schield v. Schield

Case Details

Full title:MELVIN RAYMOND SCHIELD, JR., Appellant v. DIANNA LEE SCHIELD, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Apr 10, 2014

Citations

NO. 01-12-00849-CV (Tex. App. Apr. 10, 2014)