Sara E. Binion and Wendy M. Binion v. Elizabeth Valencia Allen

• Court: Court of Appeals of Texas
• Decided: March 23, 2023
• Docket: 02-22-00403-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00403-CV ___________________________

SARA E. BINION AND WENDY M. BINION, Appellants

V.

ELIZABETH VALENCIA ALLEN, Appellee

On Appeal from the 89th District Court Wichita County, Texas Trial Court No. DC89-CV2022-1635

Before Wallach, J.; Sudderth, C.J.; and Walker, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On February 2, 2023, 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).

Per Curiam

Delivered: March 23, 2023