Opinion
NUMBER 13-16-00239-CV
12-21-2016
AVA SUE VERCHER, Appellant, v. DAVID J. ADAMEK AND AMY M. ADAMEK, Appellees.
On appeal from the 25th District Court of Lavaca County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Longoria
Memorandum OpinionPer Curiam
The appellant's brief in the above cause was originally due on June 30, 2016. Appellant has previously requested and received four prior extensions of time to file the brief. On November 3, 2016, this Court ordered the appellate brief to be filed on or before December 2, 2016. The order notified appellant that no further extensions would be granted and that if the brief was not filed, the appeal was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure 38.8(a)(1), unless appellant reasonably explained the failure and the appellees were not significantly injured by the appellant's failure to timely file a brief. Appellees have filed a motion to dismiss the appeal.
Appellant has failed to either reasonably explain the failure to file a brief, file a motion for extension of time to file the brief, or file the brief. Accordingly, appellees' motion to dismiss is GRANTED and the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).
PER CURIAM Delivered and filed the 21st day of December, 2016.