Court of Civil Appeals of Texas, 2025

Seth David Cottrell v. AMICA Mutual Insurance Company, as Subrogee of Michael Graham

Seth David Cottrell v. AMICA Mutual Insurance Company, as Subrogee of Michael Graham
Court of Civil Appeals of Texas · Decided February 20, 2025

Seth David Cottrell v. AMICA Mutual Insurance Company, as Subrogee of Michael Graham

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00301-CV ___________________________ SETH DAVID COTTRELL, Appellant V. AMICA MUTUAL INSURANCE COMPANY, AS SUBROGEE OF MICHAEL GRAHAM, Appellee

On Appeal from County Court at Law No. 3 Tarrant County, Texas Trial Court No. 2023-006802-3

Before Kerr, Birdwell, and Bassel, JJ.

Memorandum Opinion by Justice Kerr MEMORANDUM OPINION On December 9, 2024, after receiving Appellant’s “Appeal Brief,” we notified Appellant that his brief did not conform with Texas Rules of Appellate Procedure 9.4(i) and 38.1(a)–(k) and with Second Court of Appeals Local Rule 1. See Tex. R. App. P. 9.4(i), 38.1(a)–(k); 2nd Tex. App. (Fort Worth) Loc. R. 1.1 We directed Appellant to file an amended brief complying with those rules no later than December 19, 2024. See Tex. R. App. P. 9, 38; 2nd Tex. App. (Fort Worth) Loc. R. 1. We also warned him that if he did not do so, we could strike his noncompliant brief and dismiss the appeal. See Tex. R. App. P. 38.8(a), 38.9(a), 42.3. We have received no response.

Because Appellant has failed to file a rule-compliant amended brief after we afforded him an opportunity to do so, we strike his brief and dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3(b), 43.2(f).

/s/ Elizabeth Kerr Elizabeth Kerr Justice Delivered: February 20, 2025 We previously notified Appellant that his brief was late, and Appellant filed a document entitled “Appeal Brief” that also included Appellant’s request for an extension to file his brief. Upon our granting Appellant’s request, Appellant on December 9, 2024, filed the same “Appeal Brief.”

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