Philip Spiegelberg v. Angela Crouch

• Court: Court of Appeals of Texas
• Decided: June 7, 2016
• Docket: 07-16-00070-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-16-00070-CV ________________________

PHILIP SPIEGELBERG, APPELLANT

V.

ANGELA CROUCH, APPELLEE

On Appeal from the 237th District Court Lubbock County, Texas Trial Court No. 2013-506,910; Honorable Leslie Hatch, Presiding

June 7, 2016

MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Appellant, Philip Spiegelberg, filed this appeal from a final order regarding the

interests of O.E.C., a child. The clerk’s record and reporter’s record have both been

filed and Spiegelberg’s brief was originally due on April 18, 2016. On April 25th, the

court sua sponte granted an extension of time to file Spiegelberg’s brief until May 5th,

and in a letter to Spiegelberg, the clerk notified him that failure to timely file a brief would

subject the appeal to dismissal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). Spiegelberg did not file a brief or respond to the court’s letter. On May 16th,

the court sua sponte granted Spiegelberg a second extension until May 23rd to file his

brief. The clerk again notified Spiegelberg by letter that failure to file a brief by this

deadline would subject the appeal to dismissal. Spiegelberg has made no response to

the court’s letters and the brief remains outstanding.

Consequently, this appeal is dismissed for want of prosecution and failure to

comply with a notice from the clerk of this court requiring action within a specified time.

See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Per Curiam