Robert Scott Bauer and Angela Bauer v. Penn Investment Funds, LLC Joe Penn and Gene Hamm and the Hamm Law Firm, P.C.

• Court: Court of Appeals of Texas
• Decided: May 9, 2024
• Docket: 02-23-00408-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00408-CV ___________________________

ROBERT SCOTT BAUER AND ANGELA BAUER, Appellants

V.

PENN INVESTMENT FUNDS, LLC, JOE PENN, GENE HAMM II, AND THE HAMM LAW FIRM, P.C., Appellees

On Appeal from the 348th District Court Tarrant County, Texas Trial Court No. 348-318351-20

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

On April 9, 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). We have received no response.

Because appellants have 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).

Appellants must pay all costs of this appeal.

Per Curiam

Delivered: May 9, 2024