Jocelyn Rubins v. Katelynn Anderson

• Court: Court of Appeals of Texas
• Decided: November 7, 2024
• Docket: 01-24-00544-CV
• Status: Published

Opinion

Opinion issued November 7, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00544-CV ——————————— JOYCELYN RUBINS, Appellant V. KATELYNN ANDERSON, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1213726

MEMORANDUM OPINION

Appellant, Joycelyn Rubins, has filed a notice of appeal from the trial court’s

April 15, 2024 final judgment. Appellant has failed to timely file a brief. See TEX.

R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed in this appeal on August 2, 2024, and on August

5, 2024, the court reporter informed the Court that no record was taken. Appellant’s

brief was due to be filed on or before September 4, 2024. See TEX. R. APP. P. 38.6(a).

Appellant did not file an appellant’s brief.

On September 16, 2024, 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). Despite the notice that this appeal was

subject to dismissal, appellant did not adequately respond to the September 16, 2024

notice.

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 Chief Justice Adams and Justices Hightower and Countiss.