Justine Burks v. SPCP Easton Village Owner LLC

• Court: Court of Appeals of Texas
• Decided: August 6, 2024
• Docket: 01-24-00199-CV
• Status: Published

Opinion

Opinion issued August 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00199-CV ——————————— JUSTINE BURKS, Appellant V. SPCP EASTON VILLAGE OWNER LLC, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1219934

MEMORANDUM OPINION

Appellant, Justine Burks, proceeding pro se, filed a notice of appeal from the

trial court’s March 4, 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 record in this appeal was due on or before May 3, 2024. On March 12,

2024, the court reporter notified the Court that no record was taken in the case. The

clerk’s record was filed on May 1, 2024. Accordingly, appellant’s brief was due to

be filed on or before May 31, 2024. See TEX. R. APP. P. 38.6(a).

Appellant did not file an appellant’s brief by that deadline. On June 17, 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.

Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), (c); 43.2(f). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.