Kendall Cage v. Residences of Austin Ranch 5, LLC

• Court: Court of Appeals of Texas
• Decided: May 19, 2022
• Docket: 02-21-00421-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00421-CV ___________________________

KENDALL CAGE, Appellant

V.

RESIDENCES OF AUSTIN RANCH #5, LLC, Appellee

On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2021-03955-JP

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

On April 13, 2022, we notified appellant that his brief had not been filed as the

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

the appeal for want of prosecution unless, on or before April 25, 2022, 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: May 19, 2022