In the Estate of Jerry D. Moton v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2023
• Docket: 04-23-00244-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00244-CV

IN THE ESTATE OF Jerry D. MOTON

From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2009PC3816 Honorable Veronica Vasquez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: June 28, 2023

DISMISSED FOR WANT OF PROSECUTION

On April 5, 2023, the reporter’s record was filed. On April 14, 2023, the clerk’s record was

filed. Accordingly, the appellant’s brief was due on May 15, 2023. See TEX. R. APP. P. 38.6(a). On

May 18, 2023, when neither the appellant’s brief nor a motion for extension of time was filed, we

ordered appellant, on or before May 30, 2023, to file her appellant’s brief and a response

reasonably explaining (1) her failure to timely file her appellant’s brief and (2) why appellee is not

significantly injured by appellant’s failure to timely file a brief. We explained that if appellant

failed to file a brief and the written response by the date ordered, we would dismiss this appeal for

want of prosecution. See TEX. R. APP. P. 38.8(a). 04-23-00244-CV

Appellant has not filed an appellant’s brief or a written response. We therefore dismiss this

appeal for want of prosecution. See id. The motion to dismiss filed by appellee on April 26, 2023

is denied as moot.

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