TSM Development, LLC v. Cowboys Stadium, LP

In the Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-20-00267-CV ___________________________

TSM DEVELOPMENT, LLC, Appellant

V. COWBOYS STADIUM, LP, Appellee On Appeal from the 352nd District Court

Tarrant County, Texas Trial Court No. 352-312857-19 Before Kerr, Birdwell, and Bassel, JJ.

Per Curiam Memorandum Opinion

MEMORANDUM OPINION AND JUDGMENT On March 5, 2021, we notified appellant that its 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).

Appellant must pay all costs of this appeal.

Per Curiam Delivered: April 1, 2021