Gary Sinise Foundation v. Samuel C. Gardner, Successor Trustee of the 2014 PB Living Trust

• Court: Court of Appeals of Texas
• Decided: December 1, 2022
• Docket: 02-22-00280-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00280-CV ___________________________

GARY SINISE FOUNDATION, Appellant and Appellee

V.

SAMUEL C. GARDNER, SUCCESSOR TRUSTEE OF THE 2014 PB LIVING TRUST, Appellee and Appellant

On Appeal from Probate Court No. 2 Denton County, Texas Trial Court No. PR-2022-00674-B

Before Wallach, J.; Sudderth, C.J.; and Walker, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On October 13, 2022, we notified appellant and cross-appellant that their briefs

had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We

cautioned each that we could dismiss that party’s appeal for want of prosecution

unless, within ten days, that party filed with the court the party’s brief and an

accompanying motion reasonably explaining why the brief had not been filed 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 and cross-appellant have each failed to file a

brief even after we afforded an opportunity to explain the initial failure, we dismiss

the appeals for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

Appellant must pay all costs of its appeal, and cross-appellant must pay all costs

of his cross-appeal.

Per Curiam

Delivered: December 1, 2022