Eddie Wagner Martin, Jr. v. Allen Powell and Jose Villacorta

• Court: Court of Appeals of Texas
• Decided: August 20, 2020
• Docket: 02-20-00027-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00027-CV ___________________________

EDDIE WAGNER MARTIN, JR., Appellant

V.

ALLEN POWELL AND JOSE VILLACORTA, Appellees

On Appeal from the 30th District Court Wichita County, Texas Trial Court No. 179,616-A

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

On April 14, 2020, 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: August 20, 2020