Estate of Georgia Elredge McGowan ( 2013 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00157-CV
ESTATE OF GEORGIA ELREDGE
MCGOWAN
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FROM THE PROBATE COURT OF DENTON COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
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Appellant’s brief was originally due on June 14, 2013. Prior to granting
appellant his second extension, we received a request from appellee, asking us
to grant appellant no further extensions of time because of the harm he incurred
in the continued extension of appellant’s case. We ultimately set August 23,
2013 as the due date for appellant’s brief and informed him that no further
extensions would be granted.
When appellant failed to file his brief by August 23, we warned him that we
could dismiss the appeal for want of prosecution unless he or any party desiring
1
See Tex. R. App. P. 47.4.
to continue the appeal filed with the court within ten days a motion reasonably
explaining the failure to file a brief. See Tex. R. App. P. 38.8(a)(1). On October
3, Appellant filed a motion to extend time for filing his brief, which we denied, and
on October 10, we again notified appellant that the appeal could be dismissed for
want of prosecution unless he filed with the court on or before October 21, 2013,
a response reasonably explaining the failure to timely file a brief. See id.
Appellant filed a response on October 29 (mailed on October 24), in which
he claimed that he intended to file his brief within ten days. However, his
response does not show a reasonable explanation for his failure to file his brief in
light of the previous extensions that we have granted him, and we have received
no brief from him.2
Therefore, because appellant’s brief has not been filed, we deny any of
appellant’s remaining motions and dismiss the appeal for want of prosecution.
See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ.
DELIVERED: November 14, 2013
2
In appellee’s November 4, 2013 letter, he again asks us to dismiss the
appeal because the delay continues to harm him and because appellant has
received more than ample time to file his brief.
2