Jamey Angel Butler v. Charles Butler

• Court: Court of Appeals of Texas
• Decided: February 6, 2024
• Docket: 01-23-00060-CV
• Status: Published

Opinion

Opinion issued February 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00060-CV ——————————— JAMEY ANGEL BUTLER, Appellant V. CHARLES E. BUTLER, Appellee

On Appeal from the 245th District Court Harris County, Texas Trial Court Case No. 2018-71524

MEMORANDUM OPINION

Appellant, Jamey Angel Butler, has filed a notice of appeal from the trial

court’s November 1, 2022 final order on petition to modify parent-child relationship.

Appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing

time to file brief). The reporter’s record was filed in this appeal on April 13, 2023, and the clerk’s

record was filed on April 25, 2023. On June 1, 2023, this Court issued an order

setting July 3, 2023 as the deadline for appellant to file her brief. See TEX. R. APP.

P. 38.6(a). Appellant did not file an appellant’s brief.

On July 14, 2023, the Clerk of this Court notified appellant that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). On July 17, 2023, appellant filed a motion for

extension of time to file her appellant’s brief, which the Court granted, setting

August 4, 2023 as the deadline for appellant to file her brief. Appellant did not file

an appellant’s brief.

On August 16, 2023, the Clerk of this Court notified appellant that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). On September 6, 2023, appellant filed a motion

for extension of time to file her appellant’s brief, requesting that the Court extend

2 the deadline to file her brief to September 11, 2023. The Court granted appellant’s

motion, but appellant did not file an appellant’s brief.

On September 22, 2023, the Clerk of this Court notified appellant that this

appeal was subject to dismissal unless a brief, or a motion to extend time to file a

brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing

failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal

for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure

to comply with notice from Clerk of Court). On October 9, 2023, appellant filed a

motion for extension of time to file her appellant’s brief, requesting that the Court

extend the deadline to file her brief to October 16, 2023. The Court granted

appellant’s motion. Appellant did not file an appellant’s brief.

On October 25, 2023, the Clerk of this Court notified appellant that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). On November 13, 2023, appellant filed a motion

for extension of time to file her appellant’s brief, requesting that the Court extend

the deadline to file her brief to November 20, 2023. The Court granted the motion,

but informed appellant that no further motions for extension would be granted and

3 if appellant did not timely file her appellant’s brief, her appeal would be dismissed

for want of prosecution. Appellant did not file her appellant’s brief.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.