Jerald H. Miller, Jr. v. Tarrant County Appraisal District

• Court: Court of Appeals of Texas
• Decided: October 5, 2023
• Docket: 02-22-00473-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00473-CV ___________________________

JERALD H. MILLER, JR., Appellant

V.

TARRANT COUNTY APPRAISAL DISTRICT, Appellee

On Appeal from the 141st District Court Tarrant County, Texas Trial Court No. 141-329967-21

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant’s brief in this accelerated appeal was originally due April 3, 2023.

The court granted three extensions to this deadline, but appellant’s brief was never

filed. On September 25, 2023, we notified appellant that his 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, appellant filed with

the court an appellant’s 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). Instead of filing a brief and motion as directed, appellant

submitted another request for extension of time. Appellant’s request is DENIED.

Because appellant has 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).

Per Curiam

Delivered: October 5, 2023