DeShown Eugene Luckey v. Marcella Williams Luckey

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 02-22-00322-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00322-CV ___________________________

DESHOWN EUGENE LUCKEY, Appellant

V.

MARCELLA WILLIAMS LUCKEY, Appellee

On Appeal from the 324th District Court Tarrant County, Texas Trial Court No. 324-695320-21

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

On May 5, 2023, 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: June 8, 2023