Court of Civil Appeals of Texas, 2009

Johnnie Mae Riley v. LaDonna Gale Suber Thigpen, Phyllis Ann Meadors and Harold Judson Suber

Johnnie Mae Riley v. LaDonna Gale Suber Thigpen, Phyllis Ann Meadors and Harold Judson Suber
Court of Civil Appeals of Texas · Decided September 4, 2009

Johnnie Mae Riley v. LaDonna Gale Suber Thigpen, Phyllis Ann Meadors and Harold Judson Suber

Opinion

















In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana



______________________________


No. 06-09-00008-CV

______________________________




JOHNNIE MAE RILEY, Appellant


V.


LADONNA GALE SUBER THIGPEN, PHYLLIS ANN MEADORS, AND
HAROLD JUDSON SUBER, Appellees




On Appeal from the County Court at Law

Gregg County, Texas

Trial Court No. 2008-941-CCL2









Before Morriss, C.J., Carter and Moseley, JJ.



MEMORANDUM OPINION

Johnnie Mae Riley, appellant, filed pro se her notice of appeal January 7, 2009.

The clerk's record was filed February 26, 2009, and the reporter's record was filed April 16, 2009. Riley's brief was therefore due May 18, 2009. This Court granted Riley an extension of thirty days, to June 17, 2009. Riley then filed a second request for an extension of time, which we also granted, to August 17, 2009. In that correspondence granting Riley's request for an extension, we informed her that no more requests for an extension would be granted and that failure to file her brief by that date could result in her appeal being dismissed. See Tex. R. App. P. 42.3(b), (c).

Riley has now filed a third request for an extension of time, asking to August 31, 2009, to which Appellees have filed an objection. It is now September 4, and no brief has been filed. We overrule Riley's motion for an extension of time and, pursuant to Rule 42.3(b) of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).





BY THE COURT

Date Submitted: September 3, 2009

Date Decided: September 4, 2009





yle="font-family: 'Times New Roman', serif">______________________________


No. 06-05-00012-CV

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LEONARD CRUSE, Appellant

 

V.

 

EMPLOYERS INSURANCE OF WAUSAU, Appellee



                                              


On Appeal from the 56th Judicial District Court

Galveston County, Texas

Trial Court No. 00CV0666



                                                 




Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss



MEMORANDUM OPINION


            Leonard Cruse appeals from an order entered in connection with a combined contempt and enforcement proceeding. The order was entered by the court October 19, 2004. The clerk's record was filed November 12, 2004, in Houston, and with this Court December 16, 2004. The reporter's record was due January 12, 2005. None was filed. We warned counsel that the reporter's record was past due, but received no response. Further, our records do not reflect that a reporter's record was requested or paid for. See Tex. R. App. P. 35.3(b), 37.3(c).

            On February 10, 2005, we wrote again to counsel, reminding him that his brief on the record provided had been due January 18, 2005, and warning him that, if he did not file his brief within fifteen days, along with a reasonable explanation of his failure to file the brief timely, his appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3

            An additional twenty days have now elapsed since the final deadline we set for filing the brief and explanation. Counsel has neither filed his brief nor contacted this Court.

            We dismiss the appeal for want of prosecution.

 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice


Date Submitted:          March 16, 2005

Date Decided:             March 17, 2005

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