Takeedra Hardesty v. 500 Energy FW LLC

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 02-22-00484-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00484-CV ___________________________

TAKEEDRA HARDESTY, Appellant

V.

500 ENERGY FW LLC, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2022-006043-1

Before Sudderth, C.J.; Kerr and Birdwell, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant’s brief was due on February 27, 2023. See Tex. R. App. P. 38.6(a).

When she did not file a brief by that deadline, we warned her that her appeal could be

dismissed for want of prosecution unless, within ten days, she filed a brief

accompanied by a motion reasonably explaining the brief’s untimeliness. See Tex. R.

App. P. 10.5(b)(1), 38.8(a)(1), 42.3(b). Appellant responded by moving for an

extension of time to file her brief, which we granted, establishing a new deadline of

April 21, 2023. No brief was filed by that date.

On May 5, 2023, we notified Appellant—again—that she still had not filed a

brief. We warned her—again—that we could dismiss her appeal for want of

prosecution unless, within ten days, she filed a brief and an accompanying motion

reasonably explaining the brief’s untimeliness. See Tex. R. App. P. 10.5(b)(1),

38.8(a)(1), 42.3(b). More than twenty days have passed since then, and we have not

received a response.

Because Appellant has failed to file a brief, 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: June 8, 2023