Court of Civil Appeals of Texas, 2025

Wesley D. Fite v. Leah Fite

Wesley D. Fite v. Leah Fite
Court of Civil Appeals of Texas · Decided December 18, 2025

Wesley D. Fite v. Leah Fite

Opinion

Opinion filed December 18, 2025

In The Eleventh Court of Appeals __________ No. 11-25-00180-CV __________ WESLEY D. FITE, Appellant V. LEAH FITE, Appellee

On Appeal from the 39th District Court Throckmorton County, Texas Trial Court Cause No. 3592

MEMORANDUM OPINION On July 3, 2025, Appellant, Wesley D. Fite, filed a pro se notice of appeal challenging the trial court’s protective order. See TEX. FAM. CODE ANN. § 81.009(a) (West 2019). We dismiss the appeal for want of prosecution and Appellant’s failure to comply with our directives. TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

When this appeal was docketed, we directed Appellant to file the docketing statement on or before July 14, 2025. TEX. R. APP. P. 32.1 (Upon filing a notice of appeal in a civil case, the appellant must promptly complete and file the docketing statement in the appellate court.). Despite numerous reminders, Appellant has not filed the docketing statement.

Appellant’s brief was originally due to be filed in this court on or before September 25, 2025. On our own motion, we extended the deadline for Appellant to file his brief to October 27. Appellant did not file a brief or otherwise contact the clerk’s office regarding the delay. As a result, we extended the deadline for him to file his brief and docketing statement a final time, directing him to file both documents by November 26. In each letter to him, we informed Appellant that this appeal was subject to dismissal if he failed to comply. TEX. R. APP. P. 38.8(a)(1).

As of this date, Appellant has not filed a brief or a docketing statement.

Because Appellant has failed to prosecute this appeal in a timely manner or comply with any of our directives, we dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).

W. STACY TROTTER JUSTICE

December 18, 2025 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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