$11,938.00 in U.S. Currency and Firearm v. the State of Texas

Court of Appeals of Texas

$11,938.00 in U.S. Currency and Firearm v. the State of Texas

DecidedOctober 17, 2024

Docket11-24-00160-CV

StatusPublished

This text of $11,938.00 in U.S. Currency and Firearm v. the State of Texas ($11,938.00 in U.S. Currency and Firearm v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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$11,938.00 in U.S. Currency and Firearm v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

Opinion filed October 17, 2024

In The

Eleventh Court of Appeals __________

No. 11-24-00160-CV __________

$11,938.00 IN U.S. CURRENCY AND FIREARM, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from Criminal District Court No. 4 Tarrant County, Texas Trial Court Cause No. S-15487

MEMORANDUM OPINION Dmorion Holleman timely appealed the trial court’s judgment in a civil forfeiture proceeding, in which it found that the firearm and $11,938.00 seized from Holleman was contraband subject to forfeiture. Upon receipt of the clerk’s record, we notified Appellant that his brief was due on June 28, 2024. On July 16, and again on August 12, we informed Appellant that we had not received his brief, and, on our own motion, extended the filing deadline to September 11, 2024. We further advised Appellant that the failure to file a brief may result in the dismissal of this appeal. See TEX. R. APP. P. 38.8(a)(1). We have not received a brief from Appellant, or a request for an extension of time to file his brief. Based upon Appellant’s failure to prosecute this appeal in a timely manner, we conclude that this appeal should be dismissed. See id. R. 38.8(a)(1), 42.3(b), (c). Accordingly, we dismiss this appeal for want of prosecution.

JOHN M. BAILEY CHIEF JUSTICE

October 17, 2024 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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Opinion filed October 17, 2024

In The

Eleventh Court of Appeals __________

No. 11-24-00160-CV __________

$11,938.00 IN U.S. CURRENCY AND FIREARM, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from Criminal District Court No. 4 Tarrant County, Texas Trial Court Cause No. S-15487

MEMORANDUM OPINION Dmorion Holleman timely appealed the trial court’s judgment in a civil forfeiture proceeding, in which it found that the firearm and $11,938.00 seized from Holleman was contraband subject to forfeiture. Upon receipt of the clerk’s record, we notified Appellant that his brief was due on June 28, 2024. On July 16, and again on August 12, we informed Appellant that we had not received his brief, and, on our own motion, extended the filing deadline to September 11, 2024. We further advised Appellant that the failure to file a brief may result in the dismissal of this appeal. See TEX. R. APP. P. 38.8(a)(1). We have not received a brief from Appellant, or a request for an extension of time to file his brief. Based upon Appellant’s failure to prosecute this appeal in a timely manner, we conclude that this appeal should be dismissed. See id. R. 38.8(a)(1), 42.3(b), (c). Accordingly, we dismiss this appeal for want of prosecution.

JOHN M. BAILEY CHIEF JUSTICE

October 17, 2024 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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$11,938.00 in U.S. Currency and Firearm v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1193800-in-us-currency-and-firearm-v-the-state-of-texas-texapp-2024.