in Re Estate of Charles W. Sinclair

• Court: Court of Appeals of Texas
• Decided: November 22, 2022
• Docket: 06-22-00055-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-22-00055-CV

IN RE ESTATE OF CHARLES W. SINCLAIR, DECEASED

On Appeal from the 76th District Court Titus County, Texas Trial Court No. 39314

Before Morriss, C.J., Stevens and van Cleef, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION

Danny Hightower filed a timely notice of appeal on July 29, 2022. The clerk’s record

was filed on August 19, 2022. Because Hightower failed to request and/or pay for the reporter’s

record, no reporter’s record was filed. The original deadline for Hightower’s appellate brief was

October 7, 2022. When neither a brief nor a motion to extend time for filing same was received

by October 17, 2022, this Court advised Hightower by letter that the brief was late. We also

extended the deadline for filing the brief to November 1, 2022. We warned Hightower that the

failure to file a brief by the November 1, 2022, deadline would subject this appeal to dismissal

for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Hightower has not filed his brief in compliance with this Court’s deadline; consequently,

the appeal is ripe for dismissal for want of prosecution. Pursuant to Rules 38.8 and 42.3 of the

Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX. R.

APP. P. 38.8(a)(1), 42.3(b), (c).

Charles van Cleef Justice

Date Submitted: November 21, 2022 Date Decided: November 22, 2022