Court of Civil Appeals of Texas, 2023

Sara E. Binion and Wendy M. Binion v. Elizabeth Valencia Allen

Sara E. Binion and Wendy M. Binion v. Elizabeth Valencia Allen
Court of Civil Appeals of Texas · Decided March 23, 2023

Sara E. Binion and Wendy M. Binion v. Elizabeth Valencia Allen

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00403-CV ___________________________ SARA E. BINION AND WENDY M. BINION, Appellants V. ELIZABETH VALENCIA ALLEN, Appellee

On Appeal from the 89th District Court Wichita County, Texas Trial Court No. DC89-CV2022-1635

Before Wallach, J.; Sudderth, C.J.; and Walker, J.

Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT On February 2, 2023, we notified appellants that their 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, appellants filed with the court an appellants’ 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 appellants have 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: March 23, 2023

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