Betty Sampleton v. Federal National Mortgage Association, A/K/A Fannie Mae ( 2016 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-16-00049-CV
    Betty Sampleton, Appellant
    v.
    Federal National Mortgage Association, a/k/a Fannie Mae, Appellee
    FROM THE COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY
    NO. 6057, HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING
    MEMORANDUM OPINION
    Betty Sampleton appeals from a judgment awarding possession in a forcible detainer
    suit. Her opening brief was originally due on April 20, 2016. After Sampleton failed to timely
    file her brief, the Clerk of this Court sent notice to her—on May 11, 2016—advising that her brief
    was overdue and that if she did not file a brief or otherwise respond with a reasonable explanation
    by May 23, 2016, her appeal would be subject to dismissal for want of prosecution.1 The May 23
    deadline has passed, and to date Sampleton has not filed a brief or otherwise responded.
    Accordingly, we dismiss this appeal for want of prosecution.2
    1
    See Tex. R. App. P. 38.8(a)(1) (if appellant fails to timely file a brief, this Court is
    empowered to dismiss the appeal for want of prosecution unless appellant reasonably explains the
    failure and appellee is not significantly injured by that failure).
    2
    See 
    id. R. 42.3(b).
                                               __________________________________________
    Bob Pemberton, Justice
    Before Chief Justice Rose, Justices Pemberton and Bourland
    Dismissed for Want of Prosecution
    Filed: June 22, 2016
    2
    

Document Info

Docket Number: 03-16-00049-CV

Filed Date: 6/22/2016

Precedential Status: Precedential

Modified Date: 6/22/2016