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Shaw v. Brunner

Court of Appeals of Texas, Second District, Fort Worth
Dec 5, 2024
No. 02-23-00454-CV (Tex. App. Dec. 5, 2024)

Opinion

02-23-00454-CV

12-05-2024

Donny Daniel Shaw, Appellant v. Joyce Christine Brunner, Individually, and for Other Statutory Beneficiaries of Marty Lee Vaughn, Deceased, Appellee


On Appeal from the 48th District Court Tarrant County, Texas Trial Court No. 048-325408-21

Before Birdwell, Bassel, and Womack, JJ.

MEMORANDUM OPINION AND JUDGMENT

Per Curiam

After receiving three extensions of time to file his brief, appellant's brief was due on October 10, 2024. On October 21, 2024, we notified appellant that his brief had not been filed as the appellate rules require. See Tex.R.App.P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless, within ten days, appellant filed with the court an appellant's brief and an accompanying motion reasonably explaining the brief's untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have received no response.

We subsequently denied appellant's fourth and fifth motions for extension of time to file his brief.

Because appellant has failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the appeal for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b), 43.2(f).


Summaries of

Shaw v. Brunner

Court of Appeals of Texas, Second District, Fort Worth
Dec 5, 2024
No. 02-23-00454-CV (Tex. App. Dec. 5, 2024)
Case details for

Shaw v. Brunner

Case Details

Full title:Donny Daniel Shaw, Appellant v. Joyce Christine Brunner, Individually, and…

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

Date published: Dec 5, 2024

Citations

No. 02-23-00454-CV (Tex. App. Dec. 5, 2024)