Wensley Stephens and All Occupants, 9370 FM 349, Longview, Texas 75603 v. Debra Loyd, Independent of the Estate of German Brancha Loyd

CourtCourt of Appeals of Texas
DecidedAugust 23, 2023
Docket06-23-00018-CV
StatusPublished

This text of Wensley Stephens and All Occupants, 9370 FM 349, Longview, Texas 75603 v. Debra Loyd, Independent of the Estate of German Brancha Loyd (Wensley Stephens and All Occupants, 9370 FM 349, Longview, Texas 75603 v. Debra Loyd, Independent of the Estate of German Brancha Loyd) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wensley Stephens and All Occupants, 9370 FM 349, Longview, Texas 75603 v. Debra Loyd, Independent of the Estate of German Brancha Loyd, (Tex. Ct. App. 2023).

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-23-00018-CV

WENSLEY STEPHENS AND ALL OCCUPANTS, 9370 FM 349, LONGVIEW, TEXAS 75603, Appellants

V.

DEBRA LOYD, INDEPENDENT EXECUTOR OF THE ESTATE OF GERMAN BRANCHA LOYD, DECEASED, Appellee

On Appeal from the County Court at Law No. 2 Gregg County, Texas Trial Court No. 2023-0008-C

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION

Wensley Stephens filed a timely notice of appeal on February 27, 2023. The clerk’s

record was filed on April 11, 2023. Because Stephens failed to request and/or pay for the

reporter’s record, no reporter’s record was filed. The original deadline for Stephens’s appellate

brief was June 26, 2023. When neither a brief nor a motion to extend time for filing same was

received by July 11, 2023, this Court advised Stephens by letter that the brief was late. We also

extended the deadline for filing the brief to July 26, 2023. When neither a brief nor a motion to

extend time for filing same was received by July 26, 2023, we advised Stephens that August 11,

2023, was the final deadline in which to file a brief. We warned Stephens that the failure to file a

brief by the August 11, 2023, deadline would subject this appeal to dismissal for want of

prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

Stephens has not filed his brief in compliance with this Court’s deadline; consequently,

the appeal is ripe for dismissal for want of prosecution. Pursuant to Rules 38.8 and 42.3 of the

Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX. R.

APP. P. 38.8(a)(1), 42.3(b), (c).

Charles van Cleef Justice

Date Submitted: August 22, 2023 Date Decided: August 23, 2023

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Wensley Stephens and All Occupants, 9370 FM 349, Longview, Texas 75603 v. Debra Loyd, Independent of the Estate of German Brancha Loyd, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wensley-stephens-and-all-occupants-9370-fm-349-longview-texas-75603-v-texapp-2023.