Marvin Hunt and Michael Smith v. Centreport Landing Apartments

• Court: Court of Appeals of Texas
• Decided: December 21, 2023
• Docket: 02-23-00237-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00237-CV ___________________________

MARVIN HUNT AND MICHAEL SMITH, Appellants

V.

CENTREPORT LANDING APARTMENTS, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2023-003399-1

Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

On November 16, 2023, we received “Appellee’s Unopposed Motion to

Dismiss For Want of Prosecution” in which it requested that we dismiss this appeal

because Appellants failed to timely file their Appellants’ brief. Appellants’ brief was

due on or before November 6, 2023, and, as of the writing of this opinion, we have

not received the brief nor any request for an extension of the brief’s deadline

explaining its untimeliness. Having considered Appellee’s motion, which is

unopposed,1 we grant the motion and dismiss the appeal for want of prosecution. See

Tex. R. App. P. 42.1(a)(1); 42.3(a); 43.2(f).

/s/ Brian Walker

Brian Walker Justice

Delivered: December 21, 2023

In the certificate of conference attached to the motion, Appellee certified that 1

Appellants indicated via email that there is no longer a need to appeal the trial court’s judgment in this case.