Shannon R. Conway v. Twin Villas at Cinco Homeowners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: July 11, 2023
• Docket: 01-22-00459-CV
• Status: Published

Opinion

Opinion issued July 11, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00459-CV ——————————— SHANNON R. CONWAY, Appellant V. TWIN VILLAS AT CINCO HOMEOWNERS ASSOCIATION, INC., Appellee

On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Case No. 21-DCV-283197

MEMORANDUM OPINION

Appellant, Shannon R. Conway, filed a notice of appeal from the trial court’s

January 6, 2022 judgment. Appellant has failed to timely file a brief. See TEX. R.

APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed on August 15, 2022, and that same day, the court

reporter notified the Court that no reporter’s record was taken in this case.

Accordingly, appellant’s brief was due to be filed on or before September 14, 2022.

See TEX. R. APP. P. 38.6(a). However, no appellant’s brief was filed.

On September 21, 2022, the Clerk of this Court notified appellant that this

appeal was subject to dismissal unless a brief, or a motion to extend time to file a

brief, was filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing

failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal

for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure

to comply with notice from Clerk of Court). Despite the notice that this appeal was

subject to dismissal, appellant did not adequately respond.

Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris.