Johnny Leon v. Laura Hamilton and Texas Farmers Insurance Company

• Court: Court of Appeals of Texas
• Decided: May 20, 2021
• Docket: 02-20-00237-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00237-CV ___________________________

JOHNNY LEON, Appellant

V.

LAURA HAMILTON AND TEXAS FARMERS INSURANCE COMPANY, Appellees

On Appeal from the 352nd District Court Tarrant County, Texas Trial Court No. 352-308005-19

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

On February 26, 2021, this court notified appellant of the deficiencies in the

appellant’s brief filed on February 22, 2021, and warned that the failure to file an

amended brief could result in the striking of the appellant’s brief, waiver of

noncomplying points, or dismissal of the appeal. See Tex. R. App. P. 38.8(a), 38.9(a),

42.3. In response, appellant filed a motion to extend the time to file an amended

brief. On March 9, 2021, this court granted appellant’s motion for extension and

ordered appellant’s amended brief be filed by March 22, 2021. No brief was filed.

Therefore, on April 12, 2021, we notified appellant that we had not received his

amended brief and ordered that appellant file an amended appellant’s brief with this

court on or before May 3, 2021. If the brief was not filed by then, we stated that we

would strike appellant’s noncompliant brief and that this appeal would be dismissed

for want of prosecution. We have received no response.

Because appellant has failed to file an amended brief even after we afforded

several opportunities to do so, 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: May 20, 2021