Keith Wiley v. Irma Jewell & Summer Toups

• Court: Court of Appeals of Texas
• Decided: July 27, 2017
• Docket: 13-17-00216-CV
• Status: Published

Opinion

NUMBER 13-17-00216-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

KEITH WILEY, Appellant,

v.

IRMA JEWELL & SUMMER TOUPS, Appellees. ____________________________________________________________

On appeal from the 201st District Court of Travis County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Longoria and Hinojosa Memorandum Opinion by Justice Hinojosa

The appellant’s brief in the above cause was due on June 5, 2017. 1 On June 21,

2017, the Clerk of the Court notified appellant that the brief had not been timely filed and

1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a

docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.). that the appeal was subject to dismissal for want of prosecution under Texas Rule of

Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this

letter, appellant reasonably explained the failure and the appellees were not significantly

injured by the appellant’s failure to timely file a brief. To date, no response has been

received from appellant.

Appellant has failed to either reasonably explain his failure to file a brief, file a

motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).

LETICIA HINOJOSA Justice

Delivered and filed the 27th day of July, 2017.