Norman Tarver v. Irene Ibarra and Robert Ibarra

• Court: Court of Appeals of Texas
• Decided: February 22, 2024
• Docket: 01-23-00042-CV
• Status: Published

Opinion

Opinion issued February 22, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00042-CV ——————————— NORMAN TARVER, Appellant V. IRENE IBARRA AND ROBERT IBARRA, Appellees

On Appeal from the 335th District Court Bastrop County, Texas Trial Court Case No. 29,295

MEMORANDUM OPINION

Appellant filed a brief on August 23, 2023, which the Court struck for

failure to comply with the requirements of Rule 38.1.1 S e e T E X . R . A P P . P.

1 The Texas Supreme Court transferred this appeal from the Court of Appeals for the Third District of Texas to this Court pursuant to its docket equalization powers. See TEX. GOV’T CODE § 73.001 (“The supreme court may order cases 3 8 .1 . The Court ordered an amended brief filed by October 23, 2023. A

corrected brief was filed on October 23, 2023, but it failed to comply with our

order.

On December 5, 2023, the Court issued another order striking the brief

filed on October 23, 2023 and ordered appellant to file a corrected brief by

December 15, 2023. The Court granted an extension until January 16, 2024,

stating that the Court might dismiss the appeal without further notice if the brief

was not filed by January 16, 2024. The corrected brief has not been filed and no

further motions for extension have been filed.

The appeal is dismissed for want of prosecution. See TEX. R. APP. P.

42.3(a). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Goodman, Landau, and Hightower.

transferred from one court of appeals to another at any time that, in the opinion of the supreme court, there is good cause for the transfer.”). We are unaware of any conflict between the precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3. 2