Charles H. Myers v. Samuel Myers

COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00044-CV

CHARLES H. MYERS APPELLANT

V.

SAMUEL MYERS APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

---------- MEMORANDUM OPINION1 ----------

Appellant Charles H. Myers appeals the trial court’s judgment that gave appellee Samuel Myers possession of a Fort Worth residence.2 We strike appellant’s briefs and dismiss the appeal.

Appellant filed a document on August 26, 2011 that we construed as his brief. The same day, we sent him a letter informing him that, for numerous reasons, the brief did not comply with rule of appellate procedure 38.1. See Tex. R. App. P. 38.1. We directed appellant to file an amended brief that complied with rule 38.1 by September 6, 2011. Appellant filed an amended brief, but it does not comply with rule 38.1. 3 Therefore, on September 9, 2011, we sent appellant a letter informing him that his amended brief was deficient and explaining that if he did not file a second amended brief by September 19, 2011 that complied with rule 38.1, we could strike his briefs and dismiss the appeal. Appellant has not filed a compliant brief or otherwise responded to our September 9, 2011 letter. Accordingly, we strike appellant’s briefs and dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3(b), (c); Johnson v. Dallas Hous. Auth., 179 S.W.3d 770, 770 (Tex. App.— Dallas 2005, no pet.).

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: November 3, 2011