Johemma Taveras-Brown v. Amanda Christine Singleton

• Court: Court of Appeals of Texas
• Decided: January 26, 2023
• Docket: 02-22-00243-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00243-CV ___________________________

JOHEMMA TAVERAS-BROWN, Appellant

V.

AMANDA CHRISTINE SINGLETON, Appellee

On Appeal from County Court at Law No. 2 Tarrant County, Texas Trial Court No. 2021-003164-2

Before Kerr, Birdwell, and Bassel, JJ. Memorandum Opinion by Justice Kerr MEMORANDUM OPINION

On November 4, 2022, we notified Appellant Johemma Taveras-Brown that

her brief had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a).

We warned her that we might dismiss the appeal for want of prosecution unless, by

November 14, 2022, she filed her 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).

In response, Taveras-Brown filed a document “to respond to the matter of the

transcript[1] and to submit a briefing.” On December 7, 2022, we wrote to Taveras-

Brown to inform her that we had received and filed this document. We explained to

her that

If you are attempting to file this document as your brief on appeal, we notified you on November 4, 2022, that your appeal would be dismissed unless you filed a brief along with a motion reasonably explaining the failure to file a brief and the need for an extension. See Tex. R. App. P. 10.5(b), 38.8(a)(1). You did not submit a motion along with this document. Therefore, if you do not submit a motion reasonably explaining the failure to file a brief by the original due date and the need for an extension by Monday, December 19, 2022, your appeal may be dismissed.

We have received no response.

1 On Taveras-Brown’s motion, we had extended her deadline to pay for the preparation of the reporters record. After Taveras-Brown failed to pay for the reporter’s record or to make payment arrangements by that deadline, we notified the parties that we would consider and decide those issues or points that do not require a reporter’s record for a decision, see Tex. R. App. P. 37.3(c), and that Taveras-Brown’s brief was due October 19, 2022.

2 Because Taveras-Brown has failed to file a brief even after we afforded her two

opportunities to explain her initial failure, we dismiss this appeal for want of

prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

/s/ Elizabeth Kerr Elizabeth Kerr Justice

Delivered: January 26, 2023