Alma Jean Bass v. Deborah Bass, Independent of the Estate of Roberta Lois Stanbrough

• Court: Court of Appeals of Texas
• Decided: February 26, 2019
• Docket: 01-18-00837-CV
• Status: Published

Opinion

Opinion issued February 26, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00837-CV ——————————— ALMA JEAN BASS, Appellant V. DEBORAH BASS, INDEPENDENT EXECUTRIX OF THE ESTATE OF ROBERTA LOIS STANBROUGH, DECEASED, Appellee

On Appeal from the County Court at Law No. 2 Fort Bend County, Texas Trial Court Case No. 16-CPR-029294

MEMORANDUM OPINION

Appellant, Alma Jean Bass, has failed to timely file a brief. See TEX. R. APP.

P. 38.6(a) (governing time to file brief). After being notified that this appeal was

subject to dismissal, appellant has not responded. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief); 42.3(b) (allowing involuntary dismissal

of case). And, based on appellant’s failure to file a brief, appellee, Deborah Bass,

Independent Executrix of the Estate of Roberta Lois Stanbrough, Deceased, has filed

a motion to dismiss the appeal or, alternatively, affirm the trial court’s judgment. See

TEX. R. APP. P. 38.8(a); 42.3(b). More than ten days have passed, and appellant has

not responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant appellee’s motion and dismiss the appeal for want of

prosecution for failure to file a brief. See TEX. R. APP. P. 42.3(b), 43.2(f). We dismiss

all other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Goodman and Countiss.