Lavell Fairbanks v. Hillcrest Apartments

• Court: Court of Appeals of Texas
• Decided: July 21, 2022
• Docket: 02-22-00015-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00015-CV ___________________________

LAVELL FAIRBANKS, Appellant

V.

HILLCREST APARTMENTS, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2021-005622-1

Before Sudderth, CJ.; Kerr and Birdwell, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant’s brief was due May 5, 2022, but he did not file a brief. See Tex. R.

App. P. 38.6(a). On June 6, 2022, we notified Appellant that his brief had not been

filed, and we warned that we could dismiss the appeal for want of prosecution unless,

within ten days, Appellant filed a brief along with an accompanying motion

reasonably explaining the brief’s untimeliness. See Tex. R. App. P. 10.5(b), 38.8(a)(1),

42.3(b). More than ten days have passed, but we have not received a response.

Because Appellant has failed to file a brief as the Rules of Appellate Procedure

require, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1),

42.3(b), (c), 43.2(f).

Per Curiam

Delivered: July 21, 2022