Deborah Frances Mabry v. Habib Shabani

• Court: Court of Appeals of Texas
• Decided: May 29, 2025
• Docket: 01-24-00935-CV
• Status: Published

Opinion

Opinion issued May 29, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00935-CV ——————————— DEBORAH FRANCES MABRY, Appellant V. HABIB SHABANI, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1237417

MEMORANDUM OPINION

Appellant, Deborah Frances Mabry, has filed a notice of appeal from the trial

court’s final judgment signed on November 12, 2024. Appellant has failed to timely

file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). On January 14, 2025, the clerk’s record was filed, and on February 14, 2025,

the court reporter’s record was filed. Accordingly, appellant’s brief was due to be

filed on or before March 17, 2025. See TEX. R. APP. P. 38.6(a). Appellant did not

file an appellant’s brief.

On March 24, 2025, the Clerk of this Court notified appellant that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). Despite the notice that this appeal was subject to

dismissal, appellant did not respond to the March 24, 2025 notice.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.