Vivianne Djontu Essala v. Vitalis Essala

• Court: Court of Appeals of Texas
• Decided: March 13, 2025
• Docket: 01-24-00821-CV
• Status: Published

Opinion

Opinion issued March 13, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00821-CV ——————————— VIVIANNE DJONTU ESSALA, Appellant V. VITALIS ESSALA, Appellee

On Appeal from the 245th District Court Harris County, Texas Trial Court Case No. 2024-00568

MEMORANDUM OPINION

Appellant, Vivianne Djontu Essala, proceeding pro se, filed a notice of appeal

from the trial court’s September 27, 2024 “Final Decree of Divorce and Order for

Conservatorship and Child Support.” 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 November 26, 2024, and the reporter’s record

was filed by December 27, 2024. Accordingly, appellant’s brief was due on January

27, 2025. See TEX. R. APP. P. 38.6(a). Appellant failed to timely file a brief.

On February 3, 2025, the Clerk of this Court notified appellant that the time

for filing a brief had expired and the 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), (c); 43.2(f). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.