Olson-Ecologic Testing Laboratories, LLC v. SC Autosports, LLC

• Court: Court of Appeals of Texas
• Decided: November 10, 2021
• Docket: 02-21-00270-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00270-CV ___________________________

OLSON-ECOLOGIC TESTING LABORATORIES, LLC, Appellant

V.

SC AUTOSPORTS, LLC, Appellee

On Appeal from the 348th District Court Tarrant County, Texas Trial Court No. 348-322633-21

Before Bassel, Womack, and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On October 7, 2021, we notified Appellant Olson-Ecologic Testing

Laboratories, LLC that its 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, Appellant filed with the court an Appellant’s 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). We

have received no response.

Because Appellant has failed to file a brief even after we afforded an

opportunity to explain the initial failure, we dismiss the appeal for want of

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

Appellant must pay all costs of this appeal.

Per Curiam

Delivered: November 10, 2021