Michelle L. Brown and Corby R. Brown v. Dr. Waymon E. Lewis, Jr., DPM and Weatherford Podiatry

• Court: Court of Appeals of Texas
• Decided: November 14, 2024
• Docket: 02-24-00198-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00198-CV ___________________________

MICHELLE L. BROWN AND CORBY R. BROWN, Appellants

V.

DR. WAYMON E. LEWIS, JR., DPM AND WEATHERFORD PODIATRY, Appellees

On Appeal from the 43rd District Court Parker County, Texas Trial Court No. CV23-0977

Before Kerr, Birdwell, and Bassel, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellants’ brief was due on August 23, 2024. On September 4, 2024, we

notified appellants that their 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, within ten days, appellants filed with the court an appellants’ 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 September 17, 2024, we received a supplemental clerk’s record with

appellants’ noncompliant “Motion for Late Acceptance of Initial Brief” and

appellants’ brief. We notified appellants that they were to file a corrected motion in

this court by September 30, 2024. When we received no response, on October 8,

2024, we denied appellants’ “Motion for Late Acceptance of Initial Brief.”

That same day, we also notified appellants that in accordance with Texas Rule

of Appellate Procedure 42.3(b) and (c), this case could be dismissed for want of

prosecution unless the appellants or any party desiring to continue the appeal filed

with the court within ten days a response reasonably explaining the failure to timely

file a brief. See Tex. R. App. P. 38.8(a)(1), 42.3(b), (c). We again received no response.

Because appellants have failed to file a brief even after we afforded an

opportunity to explain their failure, we dismiss the appeal for want of prosecution. See

Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

2 Per Curiam

Delivered: November 14, 2024