Don McCaffety v. Karen Toupard

• Court: Court of Appeals of Texas
• Decided: January 31, 2008
• Docket: 14-01-00205-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 31, 2008

Dismissed and Memorandum Opinion filed January 31, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-01-00205-CV

DON McCAFFETY, Appellant

V.

KAREN TOUPARD, Appellee

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 99-40183

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed November 17, 2000.  Appellant filed his notice of appeal February 14, 2001.  The appeal was stayed due to appellant=s bankruptcy in August 2001, and it was reinstated in February 2005.  Appellant=s brief was originally due June 21, 2001.  Appellant has been granted five extensions of time to file his brief, far in excess of the court=s customary practice, based upon compelling circumstances urged in his motions.  The appeal was again stayed for a new bankruptcy filing in October 2005.  The appeal was again reinstated October 11, 2007, and appellant was ordered to file his brief by November 9, 2007.  No brief was filed.

On November 15, 2007, this court issued an order stating that unless appellant filed his brief on or before December 14, 2007, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  The order stated that no further extensions of time would be granted.  No brief was filed in response to our order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 31, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.