Darius Polite, and All Other Occupants v. BMF IV TX ASHLAR LLC Dba the Ashlar Apartments

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: February 12, 2026
• Docket: 02-25-00408-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00408-CV ___________________________

DARIUS POLITE, Appellant

V.

BMF IV TX ASHLAR LLC DBA THE ASHLAR APARTMENTS, Appellee

On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2025-02549-JP

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

Appellant’s brief was due on December 22, 2025. On January 12, 2026, 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: February 12, 2026