Durraine Jones v. Streetlane Homes

• Court: Court of Appeals of Texas
• Decided: August 15, 2023
• Docket: 01-22-00835-CV
• Status: Published

Opinion

Opinion issued August 15, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00835-CV ——————————— DURRAINE JONES, Appellant V. STREETLANE HOMES, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1189601

MEMORANDUM OPINION

Appellant, Durraine Jones, proceeding pro se, filed a notice of appeal from

the trial court’s October 31, 2022 judgment. Appellant has failed to timely file a

brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed on January 13, 2023, and the reporter’s record

was filed on March 23, 2023. Accordingly, appellant’s brief was due to be filed on

or before April 24, 2023. See TEX. R. APP. P. 38.6(a). Appellant did not file an

appellant’s brief.

On May 2, 2023, 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 adequately respond.

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

P. 42.3(b), 43.2(f). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.