Willie I. Simmons v. Yancis Turcios

• Court: Court of Appeals of Texas
• Decided: February 6, 2024
• Docket: 01-23-00571-CV
• Status: Published

Opinion

Opinion issued February 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00571-CV ——————————— WILLIE IRONE SIMMONS, Appellant V. YANCIS TURCIOS, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1201698

MEMORANDUM OPINION

Appellant, Willie Irone Simmons, has filed a notice of appeal from the trial

court’s July 23, 2023 agreed final judgment. 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 in this appeal on August 10, 2023, and the

reporter’s record was filed on November 3, 2023. Accordingly, appellant’s brief

was due to be filed on or before December 4, 2023. See TEX. R. APP. P. 38.6(a); see

also TEX. R. APP. P. 4.1 (“Computing Time”). Appellant did not file an appellant’s

brief.

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). Despite the notice that this appeal was

subject to dismissal, appellant did not adequately respond to the December 28, 2023

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 Justices Goodman, Countiss, and Farris.