Hayward Andrew Jackson Junior v. Fort Bend County Fort Bend County Emergency Services District 7l Fort Bed County General Fund Fort Bend County Drainage District Fort Bend County Fresh Water Supply District 01 Fort Bend Independent School District

Court of Appeals of Texas

Hayward Andrew Jackson Junior v. Fort Bend County Fort Bend County Emergency Services District 7l Fort Bed County General Fund Fort Bend County Drainage District Fort Bend County Fresh Water Supply District 01 Fort Bend Independent School District

Court of Appeals of Texas·Decided February 22, 2024·No. 01-22-00880-CV·Published

Opinion

Opinion issued February 22, 2024

In The

Court of Appeals

For The

First District of Texas

Bend County Emergency Service District No. 7, Fort Bend County Fresh Water Supply District No. 1, and Fort Bend County General Fund (collectively, the “Fort Bend Appellees”), filed a motion to dismiss the appeal for want of prosecution, asserting that appellant has failed to timely file a brief.

We grant the Fort Bend Appellees’ motion and dismiss the appeal for want of prosecution.

The clerk’s record was filed on January 24, 2023, and the appellate record was completed on July 17, 2023 when the reporter’s record was filed. Appellant’s brief was therefore originally due on or before August 16, 2023. See TEX. R. APP. P. 38.6(a), (d). On the motion of appellant, the deadline for filing his brief was extended to December 18, 2023. However, no brief was filed.

Based on appellant’s failure to timely file his brief, the Fort Bend Appellees filed a motion to dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). More than ten days have passed since the motion to dismiss was filed, and appellant has not adequately responded. See TEX. R. APP. P. 10.3(a).

Accordingly, we grant the Fort Bend Appellees’ motion and 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 Chief Justice Adams and Justices Guerra and Farris.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion issued February 22, 2024

In The

Court of Appeals

For The

First District of Texas

Bend County Emergency Service District No. 7, Fort Bend County Fresh Water Supply District No. 1, and Fort Bend County General Fund (collectively, the “Fort Bend Appellees”), filed a motion to dismiss the appeal for want of prosecution, asserting that appellant has failed to timely file a brief.

We grant the Fort Bend Appellees’ motion and dismiss the appeal for want of prosecution.

The clerk’s record was filed on January 24, 2023, and the appellate record was completed on July 17, 2023 when the reporter’s record was filed. Appellant’s brief was therefore originally due on or before August 16, 2023. See TEX. R. APP. P. 38.6(a), (d). On the motion of appellant, the deadline for filing his brief was extended to December 18, 2023. However, no brief was filed.

Based on appellant’s failure to timely file his brief, the Fort Bend Appellees filed a motion to dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). More than ten days have passed since the motion to dismiss was filed, and appellant has not adequately responded. See TEX. R. APP. P. 10.3(a).

Accordingly, we grant the Fort Bend Appellees’ motion and 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 Chief Justice Adams and Justices Guerra and Farris.

Hayward Andrew Jackson Junior v. Fort Bend County Fort Bend County Emergency Services District 7l Fort Bed County General Fund Fort Bend County Drainage District Fort Bend County Fresh Water Supply District 01 Fort Bend Independent School District, (Tex. Ct. App. 2024).

Pincite

Hayward Andrew Jackson Junior v. Fort Bend County Fort Bend County Emergency Services District 7l Fort Bed County General Fund Fort Bend County Drainage District Fort Bend County Fresh Water Supply District 01 Fort Bend Independent School District (Hayward Andrew Jackson Junior v. Fort Bend County Fort Bend County Emergency Services District 7l Fort Bed County General Fund Fort Bend County Drainage District Fort Bend County Fresh Water Supply District 01 Fort Bend Independent School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.