Tiffany Payne v. Hebron 121 Station, Dba Hebron 121 Station B

• Court: Court of Appeals of Texas
• Decided: October 26, 2023
• Docket: 02-23-00097-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00097-CV ___________________________

TIFFANY PAYNE, Appellant

V.

HEBRON 121 STATION, DBA HEBRON 121 STATION B, Appellee

On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2023-00773-JP

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

On September 25, 2023, 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.

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: October 26, 2023