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Younger-Hart v. First Horizon Loan

Court of Appeals of Texas, Fifth District, Dallas
Aug 28, 2003
No. 05-02-01412-CV (Tex. App. Aug. 28, 2003)

Opinion

No. 05-02-01412-CV.

Opinion issued August 28, 2003.

Appeal from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. cc-02-7871-a.

DISMISSED.

Before Justices JAMES, FRANCIS, and LANG.


MEMORANDUM OPINION


Appellant's brief was originally due to be filed on May 18, 2003. Appellant's first motion for extension was granted and time to file her brief was extended until June 4, 2003. Appellant did not file her brief, but filed a second motion for extension of time to file brief. We granted her second motion for extension until June 20, 2003. However, the order granting the second extension stated that no further extension would be granted.

Appellant filed her brief on June 24, 2003. Thereafter, the Clerk of this Court reviewed the brief and, in a letter dated June 30, 2003, notified appellant that her brief was deficient in the requirements of appellate rule 38.1. Appellant was instructed to amend her deficient brief within ten days. Appellant did not respond. In a letter dated July 25, 2003, appellant was instructed to file the amended brief, correcting all the deficiencies outlined in the Court's June 30, 2003 letter, within ten days. Appellant was instructed that failure to correct the deficiencies would result in her appeal being dismissed for want of prosecution without further notice. In a motion for extension filed on July 25, 2003, appellant asked that the time to file her amended brief be extended until August 6, 2003. However, appellant did not file her brief on that date. Also, in a letter filed with the Court on August 7, 2003, appellant stated that she understood that her final brief was to be filed on August 5, 2003 and that "the final brief" would be filed either on that day or postmarked on August 5, 2003. On August 15, 2003, noting that the amended brief was not filed, the Court denied appellant's July 25, 2003 motion for extension as moot.

Along with other deficiencies, appellant's brief does not contain references to the record nor does it cite to legal authority. See Tex.R.App.P. 38.1. We have directed appellant to file an amended brief correcting the deficiencies, and she has failed to do so. Accordingly, we DISMISS this appeal for want of prosecution, for appellant's failure to comply with the appellate rules, and for appellant's failure to respond to a notice from the Clerk requiring action within a specified time. See Tex.R.App.P. 38.8(a)(1);38.9(a); 42.3(b),(c).


Summaries of

Younger-Hart v. First Horizon Loan

Court of Appeals of Texas, Fifth District, Dallas
Aug 28, 2003
No. 05-02-01412-CV (Tex. App. Aug. 28, 2003)
Case details for

Younger-Hart v. First Horizon Loan

Case Details

Full title:ANNE YOUNGER-HART, Appellant v. FIRST HORIZON LOAN CORPORATION, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 28, 2003

Citations

No. 05-02-01412-CV (Tex. App. Aug. 28, 2003)