Deidra T. Burton v. Yes Highland Acres, LLC

• Court: Court of Appeals of Texas
• Decided: January 16, 2025
• Docket: 06-24-00087-CV
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-24-00087-CV

DEIDRA T. BURTON, Appellant

V.

YES HIGHLAND ACRES, LLC, Appellee

On Appeal from the County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2024-02157-JP

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Chief Justice Stevens MEMORANDUM OPINION

Deidra T. Burton filed a timely notice of appeal on September 18, 2024.1 The clerk’s

record was filed on September 25, 2024. Burton’s brief was due on or before November 25,

2024. When neither a brief nor a motion to extend time for filing same was received by

December 10, 2024, this Court advised Burton by letter that her brief was late. We warned

Burton that the failure to file a brief by December 27, 2024, would subject this appeal to

dismissal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

We received no responsive communication from Burton, and she did not file her

appellate brief. Having received no response to this Court’s letter of December 10, 2024,

Burton’s appeal is ripe for dismissal for want of prosecution. Consequently, pursuant to Rules

38.8 and 42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of

prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Scott E. Stevens Chief Justice

Date Submitted: January 15, 2025 Date Decided: January 16, 2025

1 Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See TEX. GOV’T CODE ANN. § 73.001 (Supp.). 2