Shannon Brooks v. 7-11 Inc

• Court: Court of Appeals of Texas
• Decided: November 21, 2024
• Docket: 02-24-00153-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00153-CV ___________________________

SHANNON BROOKS, Appellant

V.

7-11 INC, 1 Appellee

On Appeal from the 352nd District Court Tarrant County, Texas Trial Court No. 352-340517-23

Before Bassel, Womack, and Wallach, JJ. Per Curiam Memorandum Opinion

1 We note that the judgment sets forth the name of the defendant using this spelling, but the defendant’s filings in the trial court use the spelling “7-Eleven Inc.” MEMORANDUM OPINION AND JUDGMENT

Appellant’s brief was due on September 30, 2024. On October 17, 2024, we

notified appellant that her 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.2

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).

Per Curiam

Delivered: November 21, 2024

2 Appellant notified this court by letter that the case had settled. She was instructed to file a motion to dismiss but has failed to do so. 2