David Hairston v. Evelyn Hairston

In the Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-20-00276-CV ___________________________ DAVID HAIRSTON, Appellant

V. EVELYN HAIRSTON, Appellee

On Appeal from the 442nd District Court

Denton County, Texas Trial Court No. 19-7881-367

Before Sudderth, C.J.; Kerr and Birdwell, JJ.

Per Curiam Memorandum Opinion

MEMORANDUM OPINION AND JUDGMENT On December 18, 2020, we notified appellant that his brief had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless, within ten days, appellant filed with the court an appellant’s brief and an accompanying motion reasonably explaining the brief’s untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have received no response.

Because appellant has failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

Per Curiam Delivered: January 21, 2021