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
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
______________________________
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.