Grady Whitener and Jocelyn Whitener v. Katrina Stanley

• Court: Court of Appeals of Texas
• Decided: March 13, 2025
• Docket: 02-24-00526-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00526-CV ___________________________

GRADY WHITENER AND JOCELYN WHITENER, Appellants

V.

KATRINA STANLEY, Appellee

On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 067-349265-24

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

Appellants’ brief was due on February 21, 2025. On February 25, 2025, we

notified Appellants that their 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, Appellants filed with the court an appellants’ 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 Appellants have 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).

Appellants must pay all costs of this appeal.

Per Curiam

Delivered: March 13, 2025