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

Opinion

In the

Court of Appeals

Second Appellate District of Texas at Fort Worth

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No. 02-25-00408-CV

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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