Brittany Buyher v. PH OP PKG 1, LLC

• Court: Court of Appeals of Texas
• Decided: April 20, 2023
• Docket: 02-22-00415-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00415-CV ___________________________

BRITTANY BUYHER, Appellant

V.

PH OP PKG 1, LLC, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2022-005119-1

Before Bassel, Womack, and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant’s brief was due February 1, 2023. On March 13, 2023, we notified

appellant that her brief had not been filed as the appellate rules require. See Tex. R.

App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution

unless, within ten days, appellant filed with the court an appellant’s brief and an

accompanying motion reasonably explaining the brief’s untimely filing and why an

extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have

received no response.

Because appellant has failed to file a brief even after we afforded an

opportunity to explain the initial failure, we dismiss the appeal for want of

prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).1

Per Curiam

Delivered: April 20, 2023

1 On November 23, 2022, we received a “Motion To Stay Emergency Stop To Writ Of Possession.” The motion did not contain a certificate of service or a certificate of conference, so we requested that a compliant motion be filed by December 1, 2022. We did not receive a compliant motion. In conjunction with our disposition of the appeal, we deny the noncompliant motion.