Travis Eiland v. Mark Derryberry and Brenda Derryberry

• Court: Court of Appeals of Texas
• Decided: September 24, 2024
• Docket: 01-24-00029-CV
• Status: Published

Opinion

Opinion issued September 24, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00029-CV ——————————— TRAVIS EILAND, Appellant V. MARK DERRYBERRY AND BRENDA DERRYBERRY, Appellees

On Appeal from the 344th District Court Chambers County, Texas Trial Court Case No. 21DCV0481

MEMORANDUM OPINION

Appellant, Travis Eiland, has filed a notice of appeal from the trial court’s

order signed on December 12, 2023. Appellant has failed to timely file a brief See

TEX. R. APP. P. 38.6(a) (governing time to file brief). On January 17, 2024, the court reporter notified the Court that no record was

taken in this case, and on April 17, 2024, the clerk’s record was filed. Accordingly,

appellant’s brief was due to be filed on or before May 17, 2024. See TEX. R. APP. P.

38.6(a). Appellant did not file an appellant’s brief.

On August 19, 2024, 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 to the August 19, 2024 notice.

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

P. 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Hightower and Countiss.