Donny Daniel Shaw v. Joyce Christine Brunner, Individually, and for Other Statutory Beneficiaries of Marty Lee Vaughn

• Court: Court of Appeals of Texas
• Decided: December 5, 2024
• Docket: 02-23-00454-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00454-CV ___________________________

DONNY DANIEL SHAW, Appellant

V.

JOYCE CHRISTINE BRUNNER, INDIVIDUALLY, AND FOR OTHER STATUTORY BENEFICIARIES OF MARTY LEE VAUGHN, DECEASED, Appellee

On Appeal from the 48th District Court Tarrant County, Texas Trial Court No. 048-325408-21

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

After receiving three extensions of time to file his brief, appellant’s brief was

due on October 10, 2024. 1 On October 21, 2024, 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: December 5, 2024

1 We subsequently denied appellant’s fourth and fifth motions for extension of time to file his brief. 2