in the Matter of the Estate of Thelma Pauline Taylor Erwin ( 2015 )

NO. 12-14-00244-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
IN THE MATTER OF THE ESTATE § APPEAL FROM THE
OF THELMA PAULINE TAYLOR § COUNTY COURT OF
ERWIN, DECEASED § HENDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b).
Appellant’s brief was due on June 22, 2015. However, Appellant did not file a brief on
that date. On June 23, 2015, this court notified Appellant that her brief was past due. Appellant
was warned that the appeal may be dismissed for want of prosecution unless, on or before July 3,
2015, she filed a motion for extension of time to file the brief. See TEX. R. APP. P. 38.8(a)(1),
42.3(c). Appellant also was informed that the motion must include a reasonable explanation for
her failure to timely file her brief and show that Appellee has not suffered significant injury
thereby. See TEX. R. APP. P. 38.8(a)(1).
To date, Appellant has not filed a brief or a motion for extension of time. Accordingly,
we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b).
Opinion delivered July 8, 2015.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JULY 8, 2015
NO. 12-14-00244-CV
IN THE MATTER OF THE ESTATE OF
THELMA PAULINE TAYLOR ERWIN, DECEASED
Appeal from the County Court
of Henderson County, Texas (Tr.Ct.No. 28-2014)
THIS CAUSE came to be heard on the appellate record; and the same
being considered, it is the opinion of this court that this court is without jurisdiction of the
appeal, and that the appeal should be dismissed for want of prosecution.
It is therefore ORDERED, ADJUDGED and DECREED by this court that
this appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision
be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.