Lizzie Lovall and Webster W. Lovall, Keith L. Shaw v. Gow-Ming Chao and Chia-Li Chao ( 2011 )

Opinion issued February 15, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01B09B00137BCV

LIZZIE LOVALL, WEBSTER LOVALL, AND KEITH L. SHAW, Appellants

V.

GOW-MING CHAO AND CHIA-LE CHAO, Appellees

On Appeal from the 270th District Court

 Harris County, Texas

Trial Court Cause No. 0672152

MEMORANDUM OPINION

Appellants, Lizzie Lovall, Webster Lovall, and Keith L. Shaw, have failed to timely file a brief.  See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). 

Generally, an appellant’s brief is due 30 days after the complete record has been filed.  See Tex. R. App. P. 38.6.  When, as here, no reporter’s record has been filed due to the “fault” of the appellants, the appeal may move forward without the reporter’s record.  See Tex. R. App. P. 37.3(c). 

The Court has issued numerous notices and orders in this case, requiring appellants to file their brief and advising that the Court may dismiss the appeal without further notice if no brief is filed by the deadline. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case). In addition, the Court has granted three extensions of time to file the brief.  Appellants’ fourth request for an extension to file their brief was denied, as was their motion for en banc reconsideration.  Appellants still have not filed a brief. 

Accordingly, we dismiss the appeal for want of prosecution. 

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.