Joseph Daniels v. Finance of America Reverse LLC

• Court: Court of Appeals of Texas
• Decided: October 5, 2023
• Docket: 02-23-00199-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00199-CV ___________________________

JOSEPH DANIELS, Appellant

V.

FINANCE OF AMERICA REVERSE LLC, Appellee

On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 067-340056-23

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

On September 7, 2023, we notified appellant that his brief had not been filed as

the appellate rules require.1 See Tex. R. App. P. 38.6(a). We stated that we could

dismiss the appeal for want of prosecution unless, on or before September 18, 2023,

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). We have received no response.

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

1 In other correspondence with appellant, we notified him that his docketing statement had not been filed and directed him to file a docketing statement. See Tex. R. App. P. 32.1. Despite that correspondence, appellant has not filed a docketing statement.