Brittany Buyher v. PH OP PKG 1, LLC
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.
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