K & M Investment, LLC v. K & S Estate Investments, LLC

• Court: Court of Appeals of Texas
• Decided: December 19, 2018
• Docket: 06-18-00032-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-18-00032-CV

K & M INVESTMENT, LLC, Appellant

V.

K & S ESTATE INVESTMENTS, LLC, Appellee

On Appeal from the County Court at Law Lamar County, Texas Trial Court No. 87018

Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION K & M Investment, LLC, filed a timely notice of appeal on May 15, 2018. The clerk’s

record was filed on August 16, 2018, and the reporter’s record was filed on August 28, 2018. The

original deadline for K & M’s appellate brief was September 27, 2018. On K & M’s motion, this

Court extended the briefing deadline to October 29, 2018. When neither a brief nor a motion to

extend time for filing same was received by October 29, 2018, this Court advised K & M by letter

dated November 14, 2018, that the brief was late. We further extended the deadline for filing the

brief to November 29, 2018. We warned K & M that failure to file the brief by November 29,

2018, would subject this appeal to dismissal for want of prosecution. See TEX. R. APP. P.

38.8(a)(1), 42.3(b), (c).

We have received no responsive communication from K & M and have not received its

appellate brief. Having received no response to this Court’s letter of November 14, 2018, K & M’s

appeal is ripe for dismissal for want of prosecution. Consequently, pursuant to Rules 38.8 and

42.3 of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.

See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Bailey C. Moseley Justice

Date Submitted: December 18, 2018 Date Decided: December 19, 2018