Marjorie Washington v. Felix Apt S2CC, LLC
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Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00411-CV ___________________________
MARJORIE WASHINGTON, Appellant
V.
FELIX APT S2CC, LLC, Appellee
On Appeal from County Court at Law No. 3 Tarrant County, Texas Trial Court No. 2025-002620-3
Before Bassel, Womack, and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT
Appellant’s brief was due on February 6, 2026. On March 3, 2026, we notified
Appellant that her 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 March 13, 2026, she filed with the court a 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). On March 13,
2026, we received Appellant’s brief but did not receive a motion for extension.
On March 19, 2026, and April 29, 2026, we notified Appellant that her brief
was untimely and informed her that she must file a motion for leave to file her brief.
See Tex. R. App. P. 10.5(b), 38.8(a)(1); 2nd Tex. App. (Fort Worth) Loc. R. 1.B. We
stated in each letter that we could dismiss the appeal for want of prosecution unless
she filed with the court a motion for leave reasonably explaining the failure to timely
file a brief and the need for an extension; our March 19 letter set the deadline for
March 30, 2026, and our April 29 letter set the deadline for May 11, 2026. See Tex. R.
App. P. 10.5(b), 38.8(a)(1); 2nd Tex. App. (Fort Worth) Loc. R. 1.B. We have
received no response.
Because Appellant has failed to file a motion for leave reasonably explaining
the failure to timely file a brief and the need for an extension even after we afforded
2 her multiple opportunities to do so, 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: June 11, 2026
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