Latoya Tyler v. 5410 N. Braeswood Blvd Houston LLC

• Court: Court of Appeals of Texas
• Decided: July 2, 2024
• Docket: 01-23-00734-CV
• Status: Published

Opinion

Opinion issued July 2, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00734-CV ——————————— LATOYA TYLER, Appellant V. 5410 N BRAESWOOD BLVD HOUSTON LLC, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1205944

MEMORANDUM OPINION

Appellant, LaToya Tyler, filed a notice of appeal from the trial court’s

September 27, 2023 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 originally due on or before November 27, 2023.

The clerk’s record was filed on November 15, 2023, and the reporter’s record was

filed on December 19, 2023. Accordingly, appellant’s brief was due to be filed on

or before January 18, 2024. See TEX. R. APP. P. 38.6(a). Appellant did not file an

appellant’s brief.

On January 29, 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.