Aaron Rush v. Fannie Mae A/K/A Federal National Mortgage Association

Court of Appeals of Texas

Aaron Rush v. Fannie Mae A/K/A Federal National Mortgage Association

DecidedJuly 24, 2008

Docket14-07-00493-CV

StatusPublished

This text of Aaron Rush v. Fannie Mae A/K/A Federal National Mortgage Association (Aaron Rush v. Fannie Mae A/K/A Federal National Mortgage Association) 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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Aaron Rush v. Fannie Mae A/K/A Federal National Mortgage Association, (Tex. Ct. App. 2008).

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Opinion

Dismissed and Memorandum Opinion filed July 24, 2008

Dismissed and Memorandum Opinion filed July 24, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00493-CV

AARON RUSH, Appellant

V.

FANNIE MAE a/k/a FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 886176

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed May 7, 2007. The clerk=s record was filed on June 22, 2007, and supplemented on August 20, 2007. The reporter=s record was filed October 15, 2007. Appellant=s brief was due November 14, 2007, but it was not filed. On November 29, 2007, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, within thirty days, the Court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Appellant, who is pro se, responded and requested additional time to prepare and file his brief. The court granted appellant an extension of time to file his brief until February 25, 2008. Appellant filed a further motion for extension of time, and the court granted additional time to March 18, 2008. Appellant submitted a brief that failed to comply with the Texas Rules of Appellate Procedure. Accordingly, on April 10, 2008, this Court ordered appellant=s brief stricken and redrawn, with the amended brief due on or before April 30, 2008. Appellant requested and received a further extension of time to file his brief until May 30, 2008. On June 18, 2008, more than fifteen days after the deadline, appellant submitted his brief. Appellant was notified that the brief was marked AReceived@ only and that a motion for extension of time was required. To date, appellant has not filed a motion for extension of time to file his brief, and his brief has not been filed..

Appellee filed a motion to dismiss the appeal for want of prosecution. More than ten days have elapsed, and appellant has not filed a response to the motion. See Tex. R. App. P. 10.3.

Accordingly, we grant appellee=s motion. The appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 24, 2008.

Panel consists of Chief Justice Hedges and Justices Fowler and Boyce.

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Dismissed and Memorandum Opinion filed July 24, 2008

Dismissed and Memorandum Opinion filed July 24, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00493-CV

AARON RUSH, Appellant

V.

FANNIE MAE a/k/a FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 886176

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed May 7, 2007. The clerk=s record was filed on June 22, 2007, and supplemented on August 20, 2007. The reporter=s record was filed October 15, 2007. Appellant=s brief was due November 14, 2007, but it was not filed. On November 29, 2007, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, within thirty days, the Court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Appellant, who is pro se, responded and requested additional time to prepare and file his brief. The court granted appellant an extension of time to file his brief until February 25, 2008. Appellant filed a further motion for extension of time, and the court granted additional time to March 18, 2008. Appellant submitted a brief that failed to comply with the Texas Rules of Appellate Procedure. Accordingly, on April 10, 2008, this Court ordered appellant=s brief stricken and redrawn, with the amended brief due on or before April 30, 2008. Appellant requested and received a further extension of time to file his brief until May 30, 2008. On June 18, 2008, more than fifteen days after the deadline, appellant submitted his brief. Appellant was notified that the brief was marked AReceived@ only and that a motion for extension of time was required. To date, appellant has not filed a motion for extension of time to file his brief, and his brief has not been filed..

Appellee filed a motion to dismiss the appeal for want of prosecution. More than ten days have elapsed, and appellant has not filed a response to the motion. See Tex. R. App. P. 10.3.

Accordingly, we grant appellee=s motion. The appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 24, 2008.

Panel consists of Chief Justice Hedges and Justices Fowler and Boyce.

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Aaron Rush v. Fannie Mae A/K/A Federal National Mortgage Association, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-rush-v-fannie-mae-aka-federal-national-mortg-texapp-2008.