Edward Christopher Williams and Ethel LeGwen Williams v. Catamount Properties 2018, LLC

• Court: Court of Appeals of Texas
• Decided: August 30, 2024
• Docket: 01-24-00163-CV
• Status: Published

Opinion

Opinion issued August 30, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00163-CV ——————————— EDWARD WILLIAMS AND ETHEL WILLIAMS, Appellants V. CATAMOUNT PROPERTIES 2018, LLC, Appellee

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1217703

MEMORANDUM OPINION

Appellants, Edward Williams and Ethel Williams, filed a notice of appeal

from the trial court’s February 15, 2024 order. Appellants have 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 March 20, 2024, and on April 15, 2024, the

court reporter notified the Court that no record was taken in this case. Accordingly,

appellants’ brief was due to be filed on or before May 16, 2024. See TEX. R. APP. P.

38.6(a). Appellants did not file an appellants’ brief.

On August 15, 2024, the Clerk of this Court notified appellants 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, appellants did not adequately respond to the August 15, 2024 notice.

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

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Hightower and Countiss.