Opinion
02-23-00452-CV
06-06-2024
Jeffrey Alan Vitt, Appellant v. Deborah Faye Vitt, Appellee
On Appeal from Probate Court No. 1 Denton County, Texas Trial Court No. PR-2017-00521
Before Womack, Wallach, and Walker, JJ.
MEMORANDUM OPINION
Dana Womack, Justice.
As best as we can glean from his notice of appeal, Appellant Jeffrey Alan Vitt (Husband), proceeding pro se, has appealed the trial court's "Decree Confirming Sale" in an action brought by Appellee Deborah Faye Vitt (Wife). See Tex. Est. Code Ann. § 356.556(c). On March 7, 2024, we notified Husband that his appellant's brief was due April 8, 2024. The April 8, 2024 deadline passed without Husband filing his brief
The "notice of appeal" we received is captioned with three separate headings, each on a different line: "Notice of Appeal"; "Jeff Vitt and Other Party's [sic] May Proceed (Joinder) as Joint Appeal"; and "Writ of Mandamus Petition or Other Method to Proceed is Likely."
On April 22, 2024, Husband filed an "Unopposed Motion for Mercy Reconsideration by the Second (2nd) Court of Appeals to Grant the Following for Good Cause Reasons." In that motion, Husband requested, among other things, that we "Restart The Entire Appeals Process." On April 23, 2024, we denied Husband's motion. That same day, we notified Husband that his brief had not been filed as the appellate rules require. We stated that we could dismiss the appeal for want of prosecution unless, on or before May 3, 2024, Husband filed with the court an appellant's brief and an accompanying motion reasonably explaining the briefs untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b).
As best as we can infer from that motion, Husband desired to "Restart the Entire Appeals Process" so that this appeal could "align" with his appeal in a different case involving Wife that is pending before our court-Cause Number 02-23-00308-CV. Today, we are issuing an opinion in that case dismissing that appeal for want of prosecution.
The May 3, 2024 deadline passed without Husband filing his brief. On May 16, 2024, Husband filed a 223-page document entitled, "Aligning Both Appeals with Leniency & Understanding Mercy," which we construe as a motion for extension of time to file his appellant's brief That motion is denied. See Stafford v. Tolbert, No. 05- 03-00422-CV, 2003 WL 22096517, at *1 (Tex. App.-Dallas Sept. 10, 2003, no pet.) (per curiam) (mem. op.) (denying appellant's motion for extension to file brief because it was "not timely filed"). Because Husband has failed to file a brief even after we afforded him an ample opportunity to do so, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f); Stafford, 2003 WL 22096517, at *1 (dismissing appeal for want of prosecution where appellant filed an untimely motion for extension to file his brief after the deadline to file his brief had passed).