the Arbors on Westheimer v. Phillip J. Tilley

• Court: Court of Appeals of Texas
• Decided: December 21, 2021
• Docket: 01-21-00442-CV
• Status: Published

Opinion

Opinion issued December 21, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-21-00442-CV ——————————— THE ARBORS ON WESTHEIMER, Appellant V. PHILLIP J. TILLEY, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1170644

MEMORANDUM OPINION

This is an appeal from the trial court’s final judgment signed on August 3,

2021. Appellant’s brief was due on September 15, 2021. On September 27, 2021,

we issued a notice advising appellant that unless the brief was filed within ten days,

the appeal might be dismissed for want of prosecution. Appellant neither timely filed a brief nor requested an extension. See TEX. R. APP. P. 38.8(a)(1) (appellate

court may dismiss for want of prosecution for failure to file appellant’s brief).

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

P. 38.8(a)(1), 42.3(b), 43.2(f). We dismiss all pending motions as moot.

PER CURIAM Panel consists of Justices Hightower, Countiss, and Guerra.