Wallace McNary v. North East Pine Village Home Owners Association

• Court: Court of Appeals of Texas
• Decided: June 11, 2024
• Docket: 01-23-00649-CV
• Status: Published

Opinion

Opinion issued June 11, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00649-CV ——————————— WALLACE MCNARY, Appellant V. NORTH EAST PINE VILLAGE HOME OWNERS ASSOCIATION, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1207426

MEMORANDUM OPINION

Appellant, Wallace McNary, filed a notice of appeal from the trial court’s

August 23, 2023 final judgment. Appellant has failed to timely file a brief. See TEX.

R. APP. P. 38.6(a) (governing time to file brief). The record in this appeal was originally due on or before October 23, 2023.

The clerk’s record was filed on September 28, 2023. On October 27, 2023, the court

reporter notified the Court that no record was taken in this case. Accordingly,

appellant’s brief was due to be filed on or before November 27, 2023. See TEX. R.

APP. P. 38.6(a).

Appellant did not file an appellant’s brief by that deadline. On December 28,

2023, 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). On January 8, 2024, appellant filed a motion to

extend the deadline for filing his appellant’s brief. The Court granted appellant’s

motion, extending the deadline to file his brief to February 7, 2024. Appellant did

not file a brief by the extended deadline.

On February 14, 2024, the Clerk of this Court again 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), 42.3(b),

42.3(c). Despite the notice that this appeal was subject to dismissal, appellant did

not adequately respond.

2 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 Landau, Countiss, and Guerra.