Damon Childs v. Tarrant County College District

• Court: Court of Appeals of Texas
• Decided: December 19, 2019
• Docket: 02-19-00134-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00134-CV ___________________________

DAMON CHILDS, Appellant

V.

TARRANT COUNTY COLLEGE DISTRICT, Appellee

On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 067-301745-18

Before Wallach, J.; Sudderth, C.J.; and Gabriel, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On October 16, 2019, we notified pro se 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). On October 28, 2019, appellant filed a motion

seeking an extension, but after considering it and the response of appellee Tarrant

County College, we denied the motion for extension and ordered that appellant file

his appellate brief with this court by November 21, 2019. We have received no brief.

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).

Appellant must pay all costs of this appeal.

Per Curiam

Delivered: December 19, 2019