Charles Clay Carroll v. Estate of Diane Carroll Privee

• Court: Court of Appeals of Texas
• Decided: October 5, 2023
• Docket: 02-23-00130-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00130-CV ___________________________

CHARLES CLAY CARROLL, Appellant

V.

ESTATE OF DIANE CARROLL PRIVEE, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2023-001700-1

Before Kerr, Birdwell, and Bassel, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On September 7, 2023, we notified appellant that his 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).

Per Curiam

Delivered: October 5, 2023