David Tafokitau v. Wilshire Manor, LLC

• Court: Court of Appeals of Texas
• Decided: August 26, 2021
• Docket: 02-21-00040-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00040-CV ___________________________

DAVID TAFOKITAU, Appellant

V.

WILSHIRE MANOR, LLC, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2021-000345-1

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

On July 29, 2021, 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: August 26, 2021